Legal Opinion

Conroe v. Conroe

Supreme Court of Pennsylvania

Decided April 2, 1864PublishedCited by 8 opinions

Error to the Common Pleas of Warren county. This was an action on the case by William Conroe and Susan his wife against James P. Conroe, for defamation of character. The plaintiff’s declaration was filed March 22d 1863, and contained three counts.

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Error to the Common Pleas of Warren county. This was an action on the case by William Conroe and Susan his wife against James P. Conroe, for defamation of character. The plaintiff’s declaration was filed March 22d 1863, and contained three counts. The first, after reciting that said “ Susan Conroe had not ever been guilty, nor, until the committing the several grievances by defendant, been suspected to have been guilty, of the offences and misconduct as hereinafter stated to have been charged and imputed to her,” charged the defendant with saying “ she, Susan Conroe meaning, is a damned old…

1Opinion of the Court

The opinion of the court was delivered, by

Strong, J.

It was not erroneous to allow the amendment to the declaration of which the plaintiff in error complains. It is not clear that the added count introduced a new cause of action, or anything more than a new form of statement of the same slander averred in the first counts. Besides, the amendment may be regarded as one at common law, and not made under the Act of 1806. If so, it was within the discretion of the court below: Tryon v. Miller, 1 Whart. 17, 18.

The second assignment of error has more foundation. The ease was an action for slander,…

2Cases cited2 opinions

  1. Long v. BrougherSupreme Court of Pennsylvania · 1836
  2. Tryon v. MillerSupreme Court of Pennsylvania · 1835

3Cited by8 opinions

  1. Bausewine v. Norristown Herald, Inc.Supreme Court of Pennsylvania · 1945
  2. Commonwealth v. ArcurioSuperior Court of Pennsylvania · 1927
  3. Commonwealth v. WilliamsSupreme Court of Pennsylvania · 1904
  4. Frisk v. News Co.Supreme Court of Pennsylvania · 1986
  5. Downs v. CassidyMontana Supreme Court · 1913

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