Vaughan v. Havens
New York Supreme Court
IN error, from the court of common pleas of Essex county. This was an action of slander. The declaration contained six counts. The first, second, third and fourth counts, charged the defendant below with having said of the plaintiff below, “ You swore false: You took a false oath.” (Meaning that he had perjured himself.) The fifth and sixth counts charged the defendant with saying of the plaintiff, “ You have been guilty of perjury.”
Read the full summary
IN error, from the court of common pleas of Essex county. This was an action of slander. The declaration contained six counts. The first, second, third and fourth counts, charged the defendant below with having said of the plaintiff below, “ You swore false: You took a false oath.” (Meaning that he had perjured himself.) The fifth and sixth counts charged the defendant with saying of the plaintiff, “ You have been guilty of perjury.” The defendant below pleaded the general issue, with a notice that he would prove, at the trial, that the plaintiff had committed perjury, on the execution of a…
1Opinion of the CourtSpencer, J.
It has been frequently decided in this court, that to charge a person with having sworn false is not actionable, unless there be a colloquium, (and there is none in this case,) concerning a proceeding in a court of competent jurisdiction, and the words are alleged to have been spoken in reference to that proceeding, (a) It has also been repeatedly decided that an innuendo, enlarging the natural meaning and import of the words, is inadmissible and naught.
*110It is also well settled, that when the verdict and judgment are general, and there are some bad counts, the judgment must be reversed;…
2Cited by10 opinions
- Gardner v. GardnerU.S. Circuit Court for the District of Rhode Island · 1823
- Linehan v. . NelsonNew York Court of Appeals · 1910
- Ayres v. CovillNew York Supreme Court · 1854
- Vickers v. StonemanMichigan Supreme Court · 1889
- Fowle v. RobbinsMassachusetts Supreme Judicial Court · 1815
5 more not listed; retrieve them via the Exa API.