Hibler v. Servoss
Supreme Court of Missouri
‘•It is contended that in this action, it being for a charge perjury may be committed by a witness. See Mahan vsBerry 6th semi-annual of 5th vol.
Read the full summary
‘•It is contended that in this action, it being for a charge perjury may be committed by a witness. See Mahan vsBerry 6th semi-annual of 5th vol. Mo. decisions. ■; of perjury, the plaintiff in order to show that the charge ‘‘swore a lie,” implies perjury, must allege that the words -were spoken in reference to some legal proceeding in which r & i o And that in this case the declaration must show a judicial enqtury, and although the record of which is not the foun-dadon acti°nj yet it is indispensable o the action, and that the party must describe the trial by the name tde íus^ce> tbe names of…
1Opinion of the Court
Opinion of the court delivered by
Napton Judge.
“This was an action of slander, brought by defendant ia error against Servoss in the Chariton circuit court. The several counts in the plaintiffs declaration in substance al-ledge, that a suit had been pending and lately determined before one Hubbord Short, a justice of the peace, wherein, said Servoss was plaintiff and said Hibler defendant, and that the slanderous words charged were spoken of and concerning said suit and the evidence given by Hibler at the trial thereof. The defendant plead not guilty and justification. The plea of justification…
2Cases cited2 opinions
- Coleman v. EdwardsCourt of Appeals of Kentucky · 1816
- Hector v. StateSupreme Court of Missouri · 1829
3Cited by2 opinions
- Dowd v. WintersSupreme Court of Missouri · 1855
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910