Schmidt v. Witherick

Action for slander. The allegations of the complaint, so far as here material, are that “in a conversation with this plaintiff’s wife, * * and * * * in the presence and hearing of” third persons, the defendant spoke and declared “of and concerning the said plaintiff” the following words: “ ‘ You have not sworn falsely, but) your husband,’ (meaning this plaintiff,) che’ (meaning this plaintiff) ‘ has sworn falsely in the case with my brother;’ meaning that this plaintiff had sworn falsely in a lawsuit between this defendant and his brother.” The words charged to have been spoken are not…