Sanderson v. Hubbard
Supreme Court of Vermont
This was an action on the case for slanderous words, in three counts. The allegations in the first count, after reciting the previous good character of the plaintiff, &c., were as follows: ‘ And whereas, also, before the committing of the griev- ‘ anees by the defendant, as hereinafter mentioned, a certain ‘ arbitration had been depending at said Burke, before Philip ‘ Smith and Haines W. Beldin, arbitrators, mutually chosen £ by the parties, to determine a certain action on…
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This was an action on the case for slanderous words, in three counts. The allegations in the first count, after reciting the previous good character of the plaintiff, &c., were as follows: ‘ And whereas, also, before the committing of the griev- ‘ anees by the defendant, as hereinafter mentioned, a certain ‘ arbitration had been depending at said Burke, before Philip ‘ Smith and Haines W. Beldin, arbitrators, mutually chosen £ by the parties, to determine a certain action on book ac-c count, (as well as all matters in controversy between the ‘parties,) wherein the said Orren Hubbard was the…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
It is well settled by the decisions in actions for slander, that the words set forth in either count in the present declaration do not, of themselves, amount to an accusation of perjury. They do not import with sufficient certainty that the false oath was taken under any^ judicial, or other legal sanction. And, hence, to render these words actionable, it should appear that they were spoken with reference to some proceeding in which an oath might lawfully be administered, and in which a false statement, under oath, might amount to legal…
2Cited by2 opinions
- Cass v. AndersonSupreme Court of Vermont · 1860
- Hoyt v. SmithSupreme Court of Vermont · 1859