Niven v. Munn
New York Supreme Court
THIS was a motion in arrest of judgment in an • action of sender, in which a verdict was given for the plaintiff. ' The declaration- contained two-counts- y the first count stated that the defendant, in a certain discourse which he had of and concerning, the trial- of a certain cause between David Mmn and John Wilson, then lately had, before Samuel Barnard, Ésq. a justice of the peace, in and for the County of Sullivan, and of- and, concerning the testimony of the plaintiff,…
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THIS was a motion in arrest of judgment in an • action of sender, in which a verdict was given for the plaintiff. ' The declaration- contained two-counts- y the first count stated that the defendant, in a certain discourse which he had of and concerning, the trial- of a certain cause between David Mmn and John Wilson, then lately had, before Samuel Barnard, Ésq. a justice of the peace, in and for the County of Sullivan, and of- and, concerning the testimony of the plaintiff, who ivas sworn * ^ * •, t 1 ^ as a witness, by the said Samuel Barnard, (he being a justice as - aforesaid,, and having…
1Opinion of the Court
Thompson, Ch. J.
It has not been ,the practice, in this court, to produce the whóle record, bütthedeclárationonly,adding that a yerdic't has been found for the party.
Platt,' J.?
delivered the opinion of the court.
*49This is a motion in arrest of judgment, after verdict .for thé plaintiff, In an action of slander.
I think both counts in the declaration are good.
To say of another, that “he has sworn falsely,’? or that “he has sworn to a lie,” is not actionable,.without a colloquium of its being in a cause pending. (Hopkins v. Bedle; 1 Caines, 347. Stafford v. Green, 1 Johns. Rep. 505.)
Samuel Barnard,…
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