Barnes v. McCrate
Supreme Judicial Court of Maine
Slander. General issue. The case was tried before Wells, J. The following facts appeared. A schooner belonging to the plaintiff, with his goods on board, had been seized by the collector of the port of Wiscasset, for an alleged breach of the revenue laws, and the collector had put the goods into a store. The Secretary of the Treasury ordered the property to be .restored to the plaintiff, upon payment, made by him, of the costs and expenses connected with the seizure.
Read the full summary
Slander. General issue. The case was tried before Wells, J. The following facts appeared. A schooner belonging to the plaintiff, with his goods on board, had been seized by the collector of the port of Wiscasset, for an alleged breach of the revenue laws, and the collector had put the goods into a store. The Secretary of the Treasury ordered the property to be .restored to the plaintiff, upon payment, made by him, of the costs and expenses connected with the seizure. The amount .of the costs and expenses was under examination in the District Court of the United States. The collector had…
1Opinion of the Court
Tenney, J.,
orally.—It is not denied that there is, in some cases, a protection to witnesses for words duly spoken in the course of legal proceedings. Does that protection extend to this witness under the circumstances ?
There can be no question that if a witness, taking advantage of his position, and departing from what rightfully pertains to the case, should voluntarily slander one of the parties, he would be liable. But when called upon, in the progress of a cause, and under the rules of the court, and confining himself to that which rightfully pertains to the case, he is not liable for the…
2Cited by27 opinions
- Briscoe v. LaHueSupreme Court of the United States · 1983
- Briscoe v. LahueCourt of Appeals for the Seventh Circuit · 1981
- Briggs v. GoodwinCourt of Appeals for the D.C. Circuit · 1977
- Myers v. HodgesSupreme Court of Florida · 1907
- Johnson v. BrownWest Virginia Supreme Court · 1878
22 more not listed; retrieve them via the Exa API.