Andres v. Koppenheafer
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Lebanon county, in an action against the defendant, Henry Koppenheafer, for slander of the plaintiff’s wife, Susanna, in which the Court below arrested the judgment, after a verdict for the plaintiff.
Read the full summary
In Error. ERROR to the Common Pleas of Lebanon county, in an action against the defendant, Henry Koppenheafer, for slander of the plaintiff’s wife, Susanna, in which the Court below arrested the judgment, after a verdict for the plaintiff. The slanderous words alleged in the declaration to have been uttered by the defendant, were in German, meaning in English, as follows, “ what is a woman that makes a libel ? She “ is a dirty creature, and that is you, (meaning the said Su- “ sanna,) you, (the said Susanna still meaning,) have made “ a libel; and I, (the said Henry meaning,) will prove it u…
1Opinion of the Court
Tilghman C. J.
The question in this case is, whether the words laid in the declaration are actionable ? “ What is a woman that makes a libel ? She is a dirty creature, and “ that is you. You have made a libel, and I will prove it « with my whole estate.”
The defendant contends, in the first place, that he only said that Mrs. Andres made a libel, which is not actionable, because making a libel is not indictable, unless it be published also. Many cases were cited to prove that publication was necessary to support an indictment, and some to the contrary. But, that is not the point to be decided.…
2Cases cited4 opinions
- Brooker v. CoffinNew York Supreme Court · 1809
- Shaffer v. KintzerSupreme Court of Pennsylvania · 1809
- M'Clurg v. RossSupreme Court of Pennsylvania · 1812
- Bornman v. BoyerSupreme Court of Pennsylvania · 1811
3Cited by3 opinions
- Viele v. GrayNew York Court of Common Pleas · 1859
- Beirer v. BushfieldSupreme Court of Pennsylvania · 1832
- Skinner v. . WhiteSupreme Court of North Carolina · 1836