Power v. Price
Court for the Trial of Impeachments and Correction of Errors
Error from the Supreme Court. Price sued Power in the Ontario Common Pleas in an action of slander, for charging him with swearing false as a witness, on a trial in a justice’s court, in a cause in which Power was plaintiff and M’Lowth and Osgood defendants. The charge was general, that Price had sworn false upon the above occasion.
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Error from the Supreme Court. Price sued Power in the Ontario Common Pleas in an action of slander, for charging him with swearing false as a witness, on a trial in a justice’s court, in a cause in which Power was plaintiff and M’Lowth and Osgood defendants. The charge was general, that Price had sworn false upon the above occasion. In the declaration the trial was set forth, and it was alleged that Price was examined as a witness; but it was not averred that the testimony given by him was material to the issue. The suit before the justice was for taking and selling a quantity of hay…
1Opinion of the Court
The following opinions were delivered:
By the Chancellor.
The errors in this case are alleged to lie in the charge of Judge Howell to the jury, upon the trial of the suit in the court of common pleas. I cannot concur with the justice who delivered the opinion in the supreme court, that the charge was wrong even in an immaterial point. The suit was an action of slander brought against Power, for imputing to Price the crime of perjury in the testimony which he had given in a former suit, which Power had brought before a justice against the trustees of a school district. The question to be tried…
2Cases cited2 opinions
- Greenleaf v. BirthSupreme Court of the United States · 1835
- Ross v. RouseNew York Supreme Court · 1828
3Cited by15 opinions
- United States v. GaudinSupreme Court of the United States · 1995
- People Ex Rel. Hegeman v. . CorriganNew York Court of Appeals · 1909
- Williams v. MinerSupreme Court of Connecticut · 1847
- Steinman v. McWilliamsSupreme Court of Pennsylvania · 1847
- Gordon v. StateSupreme Court of New Jersey · 1886
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