Legal Opinion

M'Claughry v. Wetmore

New York Supreme Court

Decided May 15, 1810PublishedCited by 7 opinions

THIS was an action of slander. At the trial, the jury found a verdict for the plaintiff, on the third count, in the declaration, which is as follows: “ And the said James, of his further malice against the said Thomas, afterwards, to wit, on the same day and year aforesaid, at Stamford, in the county aforesaid, and at divers other days and times, both before and afterwards, and while _ the said Thomas was, then and there, giving testimony, in a court of the people of the…

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THIS was an action of slander. At the trial, the jury found a verdict for the plaintiff, on the third count, in the declaration, which is as follows: “ And the said James, of his further malice against the said Thomas, afterwards, to wit, on the same day and year aforesaid, at Stamford, in the county aforesaid, and at divers other days and times, both before and afterwards, and while _ the said Thomas was, then and there, giving testimony, in a court of the people of the state of New-fork, before John R. Gregory, Esq. one of the justices of the peace, &c. of said county, in a certain cause,…

1Per curiam

The defendant charged the plaintiff, with swearing false, as a witness m a court of justice, on a point material in the cause. These words so charged are actionable, if spoken maliciously; for they import perjury. To charge a person with taking a false oath in a court, has been held actionable, and this charge is synonymous. (Com. Dig. tit. Action upon the Case for Defamation, D. 5. 7.) In the case of Michell v. Browne, cited in 1 Roll. Abr. 70. pl. 45. it was held not actionable to say, “ He hath delivered false evidence and untruths, in his answer to a bill of chanceryj” but the case…

2Cited by7 opinions

  1. Baker v. WarnerSupreme Court of the United States · 1914
  2. Mower v. WatsonSupreme Court of Vermont · 1839
  3. Tuttle v. BishopSupreme Court of Connecticut · 1861
  4. Cole v. NeustadterOregon Supreme Court · 1892
  5. Magee v. StarkTennessee Supreme Court · 1840

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