Legal Opinion

Waage v. Weiser

Supreme Court of Pennsylvania

Decided February 15, 1840PublishedCited by 6 opinions

IN ERROR. This case came before the Court by a writ of error to the Court of Common Pleas of the County of Montgomery. On the return of the record, it appeared that Daniel Weiser brought an action on the case for slander against Frederick Waagé. The declaration contained ten counts for different words alleged to have been spoken by the defendant, of and concerning the plaintiff, who was averred to be a minister of the gospel.

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IN ERROR. This case came before the Court by a writ of error to the Court of Common Pleas of the County of Montgomery. On the return of the record, it appeared that Daniel Weiser brought an action on the case for slander against Frederick Waagé. The declaration contained ten counts for different words alleged to have been spoken by the defendant, of and concerning the plaintiff, who was averred to be a minister of the gospel. After filing the declaration, and before the defendant pleaded, the plaintiff entered a rule of reference, under the act of the 16th of June, 1836. Arbitrators were duly…

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J.

The defendant here was plaintiff below, and brought an action against Frederick Waagé, the defendant below, for slander.

The case contained ten counts, as set forth in the statement of this case; and after filing the declaration, the plaintiff, before any plea put in, entered a rule for arbitration. Arbitrators were chosen, who, after hearing the parties and witnesses, reported.for the plaintiff six cents damages. There was no appeal by either party.

The defendant, however, not satisfied with what appeared to ba very nearly an exculpation, has…

2Cases cited6 opinions

  1. Keyser v. M'KissanSupreme Court of Pennsylvania · 1828
  2. Chaddock v. BriggsMassachusetts Supreme Judicial Court · 1816
  3. Sewall v. CatlinNew York Supreme Court · 1829
  4. Miller v. MillerSupreme Court of Pennsylvania · 1812
  5. Post v. SweetSupreme Court of Pennsylvania · 1822

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3Cited by6 opinions

  1. US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
  2. Strother v. LucasSupreme Court of the United States · 1838
  3. Shuey v. AdairWashington Supreme Court · 1897
  4. Scott v. Simmons, Pennsylvania Court of Common Pleas, Washington County1936
  5. Strother v. LucasSupreme Court of the United States · 1838

1 more not listed; retrieve them via the Exa API.

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