Van Steenbergh v. Kortz
New York Supreme Court
THIS was an action of slander, brought against the defendant, for charging the plaintiff with having sworn falsely, and having committedper/iti^, in swearing out three attachments, in three suits, before a justice, under the act for the recovery of debts to the value of 25 dollars, in which suits the above parties were plaintiff and defendanti The cause was tried at the Ulster circuit in November, 1812. The words charged in the declaration were proved, and as all having…
Read the full summary
THIS was an action of slander, brought against the defendant, for charging the plaintiff with having sworn falsely, and having committedper/iti^, in swearing out three attachments, in three suits, before a justice, under the act for the recovery of debts to the value of 25 dollars, in which suits the above parties were plaintiff and defendanti The cause was tried at the Ulster circuit in November, 1812. The words charged in the declaration were proved, and as all having immediate relation to the oaths taken by the plaintiff before the justice, who was a witness, and testified that three…
1Per curiam
The justice had authority to administer an oath in the case stated, and the oath administered was in a judicial proceeding. The error consisted in granting the attachment upon the oath of the creditor applying. The statute (sess. 31. c. 204. s. 21.) directed the attachment to issue “ on application, and satisfactory proof being offered by the creditor,” and according to wíjaí *171was said by this court in Brown v. Hinchman, (9 Johns. Rep. 75.) the proof here meant legal evidence, which could not be the oath of the party in interest, unless in cases in which the statute evidently permitted it. (a)…
2Cited by7 opinions
- State v. FaulknerSupreme Court of Missouri · 1903
- Conway v. HitchinsNew York Supreme Court · 1850
- Halliday v. NobleNew York Supreme Court · 1847
- State v. WhittemoreSupreme Court of New Hampshire · 1870
- Horn v. FosterSupreme Court of Arkansas · 1858
2 more not listed; retrieve them via the Exa API.