Clark v. Dibble
New York Supreme Court
Error from the Madison common pleas. Dibble sued Clark in an action of slander, for imputing to him the crime of perjury.
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Error from the Madison common pleas. Dibble sued Clark in an action of slander, for imputing to him the crime of perjury. The defendant attempted to justify: he proved that on the trial of a suit, in which one Myers was plaintiff and Clark was defendant, Dibble testified to a settlement which had taken place between Myers and Dibble in reference to certain partnership transactions had between them; that upon that occasion, a balance was struck in favor of Myers which Clark promised to pay; and that such settlement was a full and final settlement between the parties. The defendant then proved…
1Opinion of the Court
By the Court, Bronson, J.
The objection made on the argument that the deposition of Mrs. Myers should have been taken under the first, instead of the fifth article of the statute, in reference to the taking of testimony conditionally, 2 R. S. 391, Art. 1 and 5, was not raised at the trial, and cannot therefore be alleged for error. The same answer may be given to the objections that the affidavit on *603which the examinati.on was ordered was insufficient, and that there was no proof of the service of the judge’s order, directing the examination of the witness. The only objection taken in the court…
2Cited by24 opinions
- People v. . BriggsNew York Court of Appeals · 1889
- Bissell v. WertIndiana Supreme Court · 1871
- Hereford v. CombsSupreme Court of Alabama · 1899
- Kurz v. . DoerrNew York Court of Appeals · 1904
- Lanter v. M'EwenIndiana Supreme Court · 1847
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