Gibbs v. Tucker

Judge Owsley

delivered the opinion of the court.

This was an action brought by Tucker against Gibbs for the speaking of slanderous words.

The words charged in the declaration are—that in speaking of, and refering to, the evidence which Tucker had given on oath in a suit determined in the Clarke circuit court, Gibbs said, that he (Tucker meaning) had sworn falsely in detailing his testimony.

Gibbs pleaded, 1st. Not guilty—and 2d. That Tucker, in detailing his evidence in the cause determined in the *220Clarke circuit court, did swear falsely. Issues were taken to the first plea, and the replication of…