Thompson v. Barkley
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action on the case brought by Andrew Barkley and Elizabeth his wife against John Thompson, for defamatory words alleged to have been spoken by the defendant of and concerning Elizabeth Barkley. There were three counts in the plaintiffs’ declaration, in the first of which the words were set out as follows.
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Error to the District Court of Allegheny county. This was an action on the case brought by Andrew Barkley and Elizabeth his wife against John Thompson, for defamatory words alleged to have been spoken by the defendant of and concerning Elizabeth Barkley. There were three counts in the plaintiffs’ declaration, in the first of which the words were set out as follows. “ I saw that woman (the said Elizabeth Barkley meaning) steal a pair of chickens out of your box, and I saw her put them in her basket.” The second count alleged that the defendant said“J saw you (the said Elizabeth Barkley…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
It was no part of the duty of the court to instruct the jury in regard to the alleged insufficiency of the declaration, as requested in the first and second points of the plaintiff in error. On the trial of the issue the question is not whether the declaration be good, but whether it be supported by the evidence. If the defendant below wishes to raise objections to the declaration before verdict, he must do so by demurrer. If he neglects that course he may move in arrest of judgment. In that stage of the cause many defects are cured by the…
2Cited by3 opinions
- Chaloner v. Washington Post Co.Court of Appeals for the D.C. Circuit · 1911
- Hale v. HaleSuperior Court of Pennsylvania · 1906
- Gates v. LittleSuperior Court of Pennsylvania · 1908