Thompson v. Bowers
Michigan Supreme Court
Error, to Oakland Circuit Court. This was an action on the case for slander. Bowers was the plaintiff, and Thompson the defendant in the Court below. The declaration alledged that Thompson uttered and published that Bowers swore falsely in giving his testimony on the trial of a cause between Thompson and one Ellis, at the May term, 1838, of the Oakland Circuit Court.
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Error, to Oakland Circuit Court. This was an action on the case for slander. Bowers was the plaintiff, and Thompson the defendant in the Court below. The declaration alledged that Thompson uttered and published that Bowers swore falsely in giving his testimony on the trial of a cause between Thompson and one Ellis, at the May term, 1838, of the Oakland Circuit Court. Thompson plead the general issue, and also gave notice that he would give in evidence in defence, on the trial of the cause, “that at and before the time of the uttering and publishing as complained of in said plaintiff’s…
1Opinion of the CourtRansom, C. J.
We have no doubt that the testimony sought to be introduced under the notice, was properly rejected. The notice is clearly defective. Although, in a notice of special matter, appended to a plea of the general issue, technical formality may be dispensed with, still, all substantial facts necessary to constitute a good special plea must be averred.
The statute, (S. L. of 1839, p. 225,) authorizes a de*324fendant to plead the general issue, and give notice with such plea of any matters which, if pleaded, would be a bar to the action, and give such matters in evidence on the trial, in the same manner…
2Cases cited1 opinion
- Jackson v. StetsonMassachusetts Supreme Judicial Court · 1818
3Cited by11 opinions
- Sumpter v. CarterSupreme Court of Georgia · 1902
- Wood v. . WoodNew York Court of Appeals · 1881
- Earley v. WinnWisconsin Supreme Court · 1906
- Moore v. GaryIndiana Supreme Court · 1897
- Westcott v. MillerWisconsin Supreme Court · 1877
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