Horn v. Foster
Supreme Court of Arkansas
Error to Washington Circuit Court. Hon. Felix J. Batson, Circuit Judge. The testimony given by the plaintiff before the justice of the peace, and concerning which he was charged by defendant with having sworn a lie, was not material to the issue in the case, and therefore the witness could not have been guilty of perjury, and the present action cannot be sustained. Coon vs. Robinson, 3 Barb.
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Error to Washington Circuit Court. Hon. Felix J. Batson, Circuit Judge. The testimony given by the plaintiff before the justice of the peace, and concerning which he was charged by defendant with having sworn a lie, was not material to the issue in the case, and therefore the witness could not have been guilty of perjury, and the present action cannot be sustained. Coon vs. Robinson, 3 Barb. S. C. R. 630; Rouse vs. Ross, 1 Wendell 475; Crookshank vs. Gray & Wife, 20 J. R. 348; Chapman vs. Smith, 13 J. R. 81; Roberts vs. Champlin. 14 Wend. 121; Power vs. Price, 12 Wend. 500; Jacobs vs^Rill,…
1Opinion of the CourtJustice Hastly
Matthew Horn, the plaintiff in error, sued Josiah Foster, the defendant, in an action on the case for slander. The charge laid in the declaration is, in substance, that defendant accused the plaintiff with swearing falsely. The defendant pleaded the general issue, and the truth of the accusation in justification. The issues were formed on these pleas, and were tried by a jury, and the verdict was for the defendant.
The facts of the case are, that Foster sued Horn on an account, before a justice of the peace. Horn appeared on the day of trial, before the justice, and filed an account against…
2Cases cited4 opinions
- Yates v. FootCourt for the Trial of Impeachments and Correction of Errors · 1814
- Power v. PriceCourt for the Trial of Impeachments and Correction of Errors · 1836
- Van Steenbergh v. KortzNew York Supreme Court · 1813
- Stafford v. GreenNew York Supreme Court · 1806