Sturgenegger v. Taylor
Supreme Court of South Carolina
Motion in arrest of judgment. After verdict for the plaintiff, in an action on the case for words, tried before Smith, J., in Edge, field District Court. The declaration contained two counts; but the verdict was found expressly on the second count.
Read the full summary
Motion in arrest of judgment. After verdict for the plaintiff, in an action on the case for words, tried before Smith, J., in Edge, field District Court. The declaration contained two counts; but the verdict was found expressly on the second count. This count set forth, that in a conversation between the defendant and one Cox, concerning the defendant’s hogs, he falsely spoke the words following, of and concerning the plaintiff, viz: “ That those two rascals,” meaning the plaintiff and his brother, “ had killed his hogs, and converted them, to their own usemeaning that the plaintiff, and his…
1Opinion of the CourtGrimke, J.
The words, as laid in the second co'unt of the declaration on which the verdict is found, do not import a slander. They are not actionable in themselves ; and they are not made so by the aid of any introductory matter, and proper inuendoes.
After verdict, the words are to be considered proved as laid in the declaration, where the motion is to arrest the judgment. The only question is, whether the words, as- laid in this count, author rize a judgment on them; and the court are all of opinion they do riot. They are to be taken in that sense in which they are coirimonly understood. They do not…
2Cases cited2 opinions
- Shaffer v. KintzerSupreme Court of Pennsylvania · 1809
- Brown v. LambertonSupreme Court of Pennsylvania · 1809