Magee v. Stark
Tennessee Supreme Court
Thomas Stark instituted an action of trespass on the case against Asa Magee on the 20th day of August, 1838, in the circuit court of Weakley county. The plaintiff filed his declaration against the defendant for words spoken of the plaintiff imputing the crime of perjury, to wit: “I had a law suit with Thomas G. Denning, and Thomas Stark swore falsely against me, and I have advertised him as such.” The defendant pleaded “not guilty” and “justification.”
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Thomas Stark instituted an action of trespass on the case against Asa Magee on the 20th day of August, 1838, in the circuit court of Weakley county. The plaintiff filed his declaration against the defendant for words spoken of the plaintiff imputing the crime of perjury, to wit: “I had a law suit with Thomas G. Denning, and Thomas Stark swore falsely against me, and I have advertised him as such.” The defendant pleaded “not guilty” and “justification.” Upon these pleas issues were formed, and at the October term, 1838, it was tried and a verdict rendered in favor of the plaintiff for the sum…
1Opinion of the CourtGreen, J.
This is an action for slanderous words. The declaration has several counts, in the first of which it is alleged that the defendant spoke of and concerning the plaintiff the following words: “I had a law suit with Thomas G. Denning about a hog, and Thomas Stark swore falsely against me, and I have advertised him as such.” The defendant pleaded “not guilty” and “justification.” The jury found a verdict for the plaintiff for two thousand dollars. The. defendant moved in arrest of judgment, which motion was overruled and an appeal in error prosecuted to this court.
The question now is, whether…
2Cases cited2 opinions
- Chapman v. SmithNew York Supreme Court · 1816
- M'Claughry v. WetmoreNew York Supreme Court · 1810