Tilson v. Clark
New York Supreme Court
THE complaint in this action alleged, that upon a certain trial before a justice of the peace in Mamakating, between the trustees of school district Ho. 10, and the former trustees' of said district, the plaintiff was sworn as a witness and gave testimony on said trial material to the issue joined in' such action. That the defendant charged in reference to said evidence, that the plaintiff had sworn false.
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THE complaint in this action alleged, that upon a certain trial before a justice of the peace in Mamakating, between the trustees of school district Ho. 10, and the former trustees' of said district, the plaintiff was sworn as a witness and gave testimony on said trial material to the issue joined in' such action. That the defendant charged in reference to said evidence, that the plaintiff had sworn false. The defendant interposed an answer denying the allegations contained in the complaint, and alleged vthat the words alleged in the complaint to have been uttered and spoken by the defendant…
1Opinion of the CourtMiller, J.
The plaintiff’s complaint in this action charges, in the usual form, that the defendant employed and used slanderous language imputing to the plaintiff the crime of perjury. It simply alleges those extrinsic facts which are essential to show that the words used had reference to material testimony given by the plaintiff, in a legal procéeding, with a statement of the place where the words were spoken. The answer alleges that the words spoken were true, and that the plaintiff did, on the trial of the action referred to in the complaint, swear false and swear to a lie. It will be observed that…
2Cases cited2 opinions
- Oliver v. PiattSupreme Court of the United States · 1845
- Tyler v. BlackSupreme Court of the United States · 1852
3Cited by10 opinions
- Fenstermaker v. Tribune Publishing Co.Utah Supreme Court · 1895
- Lauder v. JonesNorth Dakota Supreme Court · 1904
- Orvis v. DanaNew York Court of Common Pleas · 1876
- McKane v. Brooklyn CitizenNew York Supreme Court · 1889
- Brush v. BlotAppellate Division of the Supreme Court of the State of New York · 1897
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