Sanford v. Gaddis

This was an action for slander, brought by Sanford against Gaddis. The declaration alleged that the defendant said of the plaintiff, in reference to testimony given by him as a witness in a judicial proceeding, “ You swore false.” The proof was, that the defendant said of the plaintiff, immediately after he had testified as a witness in the case referred to, “ You have sworn false.” The court excluded the evidence on the ground of variance; and that decision is assigned for error.

It is a well established rule in actions for slander, that the allegations and proofs must agree. The plaintiff…