Perselly v. Bacon
Supreme Court of Missouri
Appeal from Folie Circuit Court. Action for slander. The petition stated in substance that the defendant charged the plaintiff with “ swearing to a lie before the grand jury,” and that this charge was made in allusion to the testimony given by plaintiff before the grand jury while investigating a charge of open lewdness and lascivious behavior against a slave. A demurrer to the petition was sustained by the Circuit Court. 1. The words are actionable in themselves.
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Appeal from Folie Circuit Court. Action for slander. The petition stated in substance that the defendant charged the plaintiff with “ swearing to a lie before the grand jury,” and that this charge was made in allusion to the testimony given by plaintiff before the grand jury while investigating a charge of open lewdness and lascivious behavior against a slave. A demurrer to the petition was sustained by the Circuit Court. 1. The words are actionable in themselves. They import a charge of false swearing in a judicial proceeding, and before a tribunal competent to administer an oath. (7 B.…
1Opinion of the CourtRyland, Judge
This is an action of slander. The words charged as spoken by the defendant are, in part, as follows : “ You, (said plaintiff meaning,) swore a lie before the grand jury. “ You, (plaintiff meaning,) swore a lie before the grand jury, and I can prove it.” “He, (said plaintiff meaning,) swore a lie before the grand jury, and I can prove it.” The defendant demurred to the petition ; the court sustained the demurrer, and rendered judgment for the defendant.
The plaintiff brings the case here by writ of error ; and the only question before us is, whether the words in the petition are actionable of…
2Cases cited2 opinions
- Chapman v. GilletSupreme Court of Connecticut · 1816
- Eckart v. WilsonSupreme Court of Pennsylvania · 1823
3Cited by7 opinions
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Brothers v. BrothersSupreme Court of Alabama · 1922
- Brown v. George Knapp & Co.Supreme Court of Missouri · 1908
- Krup v. CorleyMissouri Court of Appeals · 1902
- Hall v. BrookshireSupreme Court of Missouri · 1954
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