Brown v. Lamberton
Supreme Court of Pennsylvania
in ERROR. -HORROR to the Common Pleas of Cumberland county, The declaration, which contained but one count, stated, that whereas William Brown the plaintiff was an upright , . _ . 1 . „ . « 1 and virtuous man, and was married and had a wife m full life, yet tjie defendant Simon Lamberton, intending to bring him . . , 0 ° into disgrace, and to cause him to suffer the punishment t^le -aw inflicts upon the heinous crime of adultery, did falsely maliciously and wickedly utter…
Read the full summary
in ERROR. -HORROR to the Common Pleas of Cumberland county, The declaration, which contained but one count, stated, that whereas William Brown the plaintiff was an upright , . _ . 1 . „ . « 1 and virtuous man, and was married and had a wife m full life, yet tjie defendant Simon Lamberton, intending to bring him . . , 0 ° into disgrace, and to cause him to suffer the punishment t^le -aw inflicts upon the heinous crime of adultery, did falsely maliciously and wickedly utter and publish the following false scandalous and opprobrious English words, in the presence and hearing' of divers good…
1Opinion of the Court
Tilghman C. J,
after stating the points, delivered the judgment of the court as follows.
*37As to the first point, it is enough if it is substantially alleged that the words were spoken of the plaintiff. In many cases the words are spoken of the plaintiff in the third person; he did so and so. There it is necessary to aver that they were spoken of the plaintiff. But in the present instance, the plaintiff is named in the body of the words; William Brown played &c. It is objected that there might be another William Brown; but the declaration states that the defendant intending to injure the…
2Cited by4 opinions
- Davis v. CareySupreme Court of Pennsylvania · 1891
- Waters v. JonesSupreme Court of Alabama · 1836
- Bailer v. Frankenfield, Pennsylvania Court of Common Pleas, Lehigh County1922
- Sturgenegger v. TaylorSupreme Court of South Carolina · 1811