Warner v. Fowler
Court of Appeals of Maryland
Appeal from the Circuit Court for Carroll county,, This was an action of slander, by the appellant against the appellee.
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Appeal from the Circuit Court for Carroll county,, This was an action of slander, by the appellant against the appellee. The words charged in tire declaration to have been spoken by Fowler of Warner are: “He swore to a lie and X can prove it5” “He swore false;” “He swore to an account which he trumped up against me which was false and untrue, and X want every body to know that he swore to a damned lie 5” innuendo that Warner was guilty of wilful and corrupt perjury. ,The declaration, in its introductory averments and colloquium, slates, that whilst an action of debt was depending before Jacob…
1Opinion of the CourtLe Grand, C. J.
Waiving all question as to the alleged generality, under the act of 1825, ch. 117, of the several prayers to be found in the record, we are of opinion, that the instruction actually given by the judge of the circuit court was substantially correct, The act of Assembly under which the affirmation was made is one, in this particular, in derogation of the course of the common law, and like all such legislation, is to be construed strictly. See Dyson vs. West's Exc'r, 1 Har. & John., 567. According to the principles of the common law, a party is denied the right of being a witness in his own…
2Cited by2 opinions
- Kelton v. HillSupreme Judicial Court of Maine · 1871
- Case v. PeopleNew York Supreme Court · 1877