Holcombe v. Roberts
Supreme Court of Georgia
Motion, in Floyd Superior Court. Decided by Judge ‘.Trippe, December Term, 1855. 'This was a motion in arrest of judgment. Holcombe had sued Roberts for slanderous words. The action was brought in the form prescribed in the Act of 1849-50, “ to curtail and simplify pleadings.” The vrords charged wore, “ he has sworn a d — d lie and I can prove it.” There were no other allegations in the declarations. The Jury returned a verdict of <¡S1.000 for the plaintiff.
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Motion, in Floyd Superior Court. Decided by Judge ‘.Trippe, December Term, 1855. 'This was a motion in arrest of judgment. Holcombe had sued Roberts for slanderous words. The action was brought in the form prescribed in the Act of 1849-50, “ to curtail and simplify pleadings.” The vrords charged wore, “ he has sworn a d — d lie and I can prove it.” There were no other allegations in the declarations. The Jury returned a verdict of <¡S1.000 for the plaintiff. The defendant moved in arrest of judgment, on the ground that the words charged are not actionable per se, and the declaration contains…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The proof having been allowed as to the colloquium in this -ease without objection, we aro not prepared to say but that the motion in arrest of judgment came too late, even at Common Law.
[1.] In Hawks against Patten, decided at Millecigeville, this Court hold that it was not error in the Circuit ■Judge to allow an action of slander under Jones’ Forms, to *590be amended by supplying the colloquium. But we thought then, and so hold now, that no such amendment was necessary. It was unquestionably the intention of tho Legislature to authorize all actions…
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