Packer v. Spangler
Supreme Court of Pennsylvania
IN ERROR. ¡ RROR to the Common Pleas oí Centre county. Spangler and Wife declared against Packer in the court below for slander of the wife.
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IN ERROR. ¡ RROR to the Common Pleas oí Centre county. Spangler and Wife declared against Packer in the court below for slander of the wife. The declaration contained f°Ui counts, the last of which charged that the defendant in a certain discourse concerning the wife, “ published and “ proclaimed the false feigned malicious and opprobrious “ English words following, of and concerning the said Baf- “ bar a, in the presence and hearing of &c.; that is to say, she “ (meaning the said Barbara, wife of the said Peter Spangler) “ swore a false oath, (meaning that the said Barbara had' “ been guilty…
1Per curiam
The precise point has already been determined by this Court, in the case of Schaffer v. Kintzer. (d) *61The words are not actionable, nor can the innuendo help them; and therefore the judgment must be reversed. At the same time the Court award restitution of the money levied by execution in the common Pleas, and a venire facias de novo.
Judgment reversed and venire de novo.
1 Binney 537.
2Cited by2 opinions
- Tipton v. KahleSupreme Court of Pennsylvania · 1834
- Bricker v. PottsSupreme Court of Pennsylvania · 1849