M'Kinly v. Rob
New York Supreme Court
tiff, on a com THIS was an action for slander, tried before Mr. Justice Platt, at the Montgomery Circuit, in November, 1831. The declaration charged, that the defendant, on the 15th of June, 1821, at Johnstown, fkc. in a certain conversation, &c. falsely, &c. spoke of and concerning the plaintiff, and of concerning the truth of the evidence given by the plainlt made by him, on oath, before Abel a Justice of the Peace, on the 20th of March, 1820, at Amsterdam, cic, against…
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tiff, on a com THIS was an action for slander, tried before Mr. Justice Platt, at the Montgomery Circuit, in November, 1831. The declaration charged, that the defendant, on the 15th of June, 1821, at Johnstown, fkc. in a certain conversation, &c. falsely, &c. spoke of and concerning the plaintiff, and of concerning the truth of the evidence given by the plainlt made by him, on oath, before Abel a Justice of the Peace, on the 20th of March, 1820, at Amsterdam, cic, against one R. Slyter, for perjury, &c., the following words, vis.: “ He, (meaning the plaintiff,) had sworn false j” (meaning…
1Opinion of the CourtWoodworth, J.
delivered the'opinion of the Court. The day stated in the declaration is not material. There was ne record of the complaint j and if there had been, the declaration does not profess to set it out according to its tenor, or hi June verba, but refers to it as matter of description, for the purpose of informing the defendant that the words referred to a complaint previously made. In Brooks v. Bemiss, (8 Johns. Rep. 455.) the defendant gave notice that he would offer in evidence a record of the trial of an indictment, of the term of June, 1810. When produced, It appeared to be 1809, and the Court…
2Cited by3 opinions
- Woodbeck v. KellerNew York Supreme Court · 1826
- McClaugherty v. CooperWest Virginia Supreme Court · 1894
- Fowler v. ColtonWisconsin Supreme Court · 1843