Peters v. Ulmer
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 125, to October and November Term 1873. This was an action on the case for slander brought to the November Term 1872, of the court below, by Frederick Ulmer and Sophia his wife against John Peters and Margaret his wife. The declaration was that Mrs. Peters had uttered words imputing adultery to Mrs. Ulmer. The defendants pleaded “ Not Guilty.”
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Error to the District Court of Allegheny county: No. 125, to October and November Term 1873. This was an action on the case for slander brought to the November Term 1872, of the court below, by Frederick Ulmer and Sophia his wife against John Peters and Margaret his wife. The declaration was that Mrs. Peters had uttered words imputing adultery to Mrs. Ulmer. The defendants pleaded “ Not Guilty.” On the trial April 8th 1873, before Hampton, P. J., the plaintiff had leave to add the plea of justification, and by order of the (court, the plea of “ Not Guilty’’ was withdrawn. The defendants…
1Opinion of the Court
The opinion of the court was delivered, November 21st 1873, by
Sharswood, J. —
The first assignment of error is, that the court below refused to allow the defendant to plead “ not guilty” as well as justification, and in ordering the defendant to withdraw the plea of “ not guilty.” The ground upon which this order was made appears to have been that the pleas were inconsistent. Under the statute of 4 Anne, c. 16, sec. 4, Roberts’s Digest 42, which first permitted a defendant, with the leave of the court, to plead as many several matters as he should think necessary for his defence — it was the…
2Cases cited1 opinion
- Kerlin v. HeacockSupreme Court of Pennsylvania · 1810
3Cited by1 opinion
- Ferber v. Gazette & Bulletin Publishing Ass'nSupreme Court of Pennsylvania · 1905