M'Millan v. Birch
Supreme Court of Pennsylvania
In ERRoR. THIS cause came before the court by writ of error from tli~ Circuit Court of Washington county. It was an action of slander brought by Birch against M'1L411- lan, for calling him "a liar, a drunkard, and a preacher of the ~" devil."
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In ERRoR. THIS cause came before the court by writ of error from tli~ Circuit Court of Washington county. It was an action of slander brought by Birch against M'1L411- lan, for calling him "a liar, a drunkard, and a preacher of the ~" devil." The declaration stated that the plaintiff was " a man "of learning, integrity, and piety, and that for twenty eight "years last past he had been and then was a minister of the "gospel in the Presbyterian church, and had taken upon him- " self the orders of the same." It ~iso laid a special damage in consequence of the slander, viz, that the plaintiff was…
1Opinion of the Court
TilgIhman C. J.
after stating the facts, delivered his opinion as follows:
The bill of exceptions contains two points: 1. That upon the-evidence given, the action could not be maintained by the plaintiff, for words spoken of him in his profession of a minister of the Presbyterian church. 2. That the words spoken by the defendant, while making his defence before the Ohio Presbytery, against the charge exhibited against him by the plaintiff for slander, were not actionable. On both these points the court' charged in favour of the plaintiff.
In arguing the cause before us, the counsel for the…
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