Dailey v. Gaines

Judge Underwood

delivered the Opinion of the0Court.

Two points only present themselves in this case:—

First. Do', words proven to have been spoken in the second person, sustain a count for slander in which the words alleged to have been spoken, are in the third person?

Second. Is the affidavit of the defendant, upon a motion for a new trial, sufficient evidence of the fact, that one of the jurors was the uncle by, marriage of the plantiff, and of surprise on the part, of the defendant, that a juror thus .disqualified constituted one of the pannel?

The first point was decided by this court, in the…