Bricker v. Potts
Supreme Court of Pennsylvania
In error from the Common Pleas of Indiana. Case for slander. The material words in the declaration were: —“You (the said plaintiff meaning) went and cut up a parcel of hats (meaning the hats of the said plaintiff), and then wont and made a false oath against your father (the said plaintiff’s father meaning), and afterwards you (the said plaintiff meaning) took sick and confessed that you (the said plaintiff meaning) had cut up the hats yourself; you (the said plaintiff…
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In error from the Common Pleas of Indiana. Case for slander. The material words in the declaration were: —“You (the said plaintiff meaning) went and cut up a parcel of hats (meaning the hats of the said plaintiff), and then wont and made a false oath against your father (the said plaintiff’s father meaning), and afterwards you (the said plaintiff meaning) took sick and confessed that you (the said plaintiff meaning) had cut up the hats yourself; you (the said plaintiff meaning) swore a lie against your father (the father of the said plaintiff meaning), and I can prove it; you (the said…
1Opinion of the CourtRogers, J.
To say of a man he has sworn falsely, that he swore a false oath, and I can prove it, is not actionable; even where the words are helped by an innuendo of perjury. Such words are not actionable withoiit a colloquium concerning a proceeding in a court of competent jurisdiction. They are said not to be so, because they do not necessarily impute a charge of any indictable offence. And to say generally that a man hath forsworn himself is not slanderous, because, as is said, he may be forsworn in common conversation, and it may be an expression of mere passion and anger. Although not very…
2Cases cited5 opinions
- Bornman v. BoyerSupreme Court of Pennsylvania · 1811
- Vaughan v. HavensNew York Supreme Court · 1811
- Rue v. MitchellSupreme Court of the United States · 1790
- Thompson v. LuskSupreme Court of Pennsylvania · 1833
- Packer v. SpanglerSupreme Court of Pennsylvania · 1809
3Cited by2 opinions
- Interstate Co. v. GarnettMississippi Supreme Court · 1929
- Stoner v. ErismanSupreme Court of Pennsylvania · 1903