Power v. Price
New York Supreme Court
ERROR from the Ontario Common Pleas. Price sued Power in an action of slander, for charging him with swearing false as a witness, on a trial in a justice’s court, in a cause in which Power was plaintiff and M’Lowth and Osgood defendants. The charge was general, that Price had sworn false upon the above occasion.
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ERROR from the Ontario Common Pleas. Price sued Power in an action of slander, for charging him with swearing false as a witness, on a trial in a justice’s court, in a cause in which Power was plaintiff and M’Lowth and Osgood defendants. The charge was general, that Price had sworn false upon the above occasion. In the declaration the trial was se t forth, and it was alleged that Price was examined as a witness ; but it was not averred that the testimony given by him was material to the issue. The suit before the justice was for taking and selling a quantity of hay belonging to the plaintiff,…
1Opinion of the Court
By the Court,
Nelson, J.
The common pleas undoubted-]y erred in laying down the position, that the plaintiff was not bound to prove that the testimony, which he gave on the trial before the justice, was material to the point in issue, in respect to which the charge of false swearing was made by the defendant; it is an essential ingredient in the crime of perjury, and must be averred and proved. 6 Johns. R. 82. 13 id. 81. 20 id. 349. 9 Cowen, 34. 1 Wendell, 477. 2 Chitty’s Cr. L. 456. If the charge is general, and proof be adduced that the plaintiff was a witness, and gave evidence on the trial…
2Cases cited1 opinion
- Ross v. RouseNew York Supreme Court · 1828
3Cited by8 opinions
- Snyder v. AndrewsNew York Supreme Court · 1849
- Steinman v. McWilliamsSupreme Court of Pennsylvania · 1847
- Vliet v. RoweWisconsin Supreme Court · 1844
- Butterfield v. BuffumSuperior Court of New Hampshire · 1838
- Commonwealth v. NailorSuperior Court of Pennsylvania · 1905
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