Fox v. Vanderbeck
New York Supreme Court
Slander, tried at the Cayuga circuit, on the 9th of September, 1824 before Throop, C. Judge. ' On the trial, the plaintiff abandoned all the parts of his . x declaration, except those m which the defendant was alleged to have charged him with having committed perjury, The words charged in the first count were, “ you are perjured, and I will put you into the state prison in the second, “ he has sworn false, and perjured himself, and I will put him into the state prisonin the…
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Slander, tried at the Cayuga circuit, on the 9th of September, 1824 before Throop, C. Judge. ' On the trial, the plaintiff abandoned all the parts of his . x declaration, except those m which the defendant was alleged to have charged him with having committed perjury, The words charged in the first count were, “ you are perjured, and I will put you into the state prison in the second, “ he has sworn false, and perjured himself, and I will put him into the state prisonin the fourth, “ he swore to an absolute falsehood, and he has perjured himself P The only proof of speaking the words, was by…
1Opinion of the Court
Curia, per Sutherland, J,
The words proved are actionable. They are calculated to convey to the mind of an ordinary hearer, the imputation upon the plaintiff of the crime of perjury. In Roberts v. Camden, (9 East, 93,) the words were, “he is under a charge of prosecution for perjury. G. Williams had the attorney general’s directions to prosecute for perjury.” Upon a motion in arrest of judgment, these words were held to amount to a charge of perjury ; that being the plain and popular sense in which the hearers would naturally understand them. All the cases are there considered. (And vid.…
2Cases cited1 opinion
- Miller v. MillerNew York Supreme Court · 1811
3Cited by9 opinions
- Kenyon v. CameronSupreme Court of Rhode Island · 1890
- Haub v. FriermuthCalifornia Court of Appeal · 1905
- Teague v. WilliamsSupreme Court of Alabama · 1845
- Zeig v. OrtWisconsin Supreme Court · 1850
- Bond v. BrewsterNew York Court of Common Pleas · 1890
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