Hogan v. Wilmoth
Supreme Court of Virginia
This was an action of slander, brought in April, 1858, in the County court of Rock-bridge, by William Wilmoth against John Hogan. The declaration contained two counts.
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This was an action of slander, brought in April, 1858, in the County court of Rock-bridge, by William Wilmoth against John Hogan. The declaration contained two counts. In the first, after the usual colloquium of the good character of the plaintiff, and that he had never been guilty, or until the grievances thereinafter complained of, been suspected to have been guilty, of perjury or any such crime, it alleged that before the committing of the alleged grievances complained of, a certain action had been depending before Samuel Johnston *and Andrew J. Hamilton, justices of the peace for the…
1Opinion of the CourtDanirr, J.
Neither of the counts in the declaration is good as a common law count in slander. To say of a party that he swore to a lie is not of itself actionable at common law. Such a charge does not necessarily imply perjury. In case of a charge of forswearing, unless, from the accompanying words, it be clear that a judicial forswearing was meant, the plaintiff must show upon the record, that the defendant alluded to some particular forswearing which amounted to perjury. 1 Starkie on Slander, 355; Hopkins v. Beedle, 1 Caines R. 347.
The first count in the declaration, whilst it sets out in its…
2Cited by7 opinions
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- Chaffin v. LynchSupreme Court of Virginia · 1887
- Moss v. HarwoodSupreme Court of Virginia · 1904
- Payne v. TancilSupreme Court of Virginia · 1900
- Bourland v. EidsonSupreme Court of Virginia · 1851
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