Woodbeck v. Keller
New York Supreme Court
Slander, for accusing the plaintiff of perjury, tried at Montgomery circuit, in December, 1825, before Will-IAMS (J. Judge. The defendant gave a notice, that he would prove special matter on the trial in justification of the slander, setting forth in his notice that the plaintiff had perjured herself, in falsely swearing to certain facts on a trial between her father and one Vrooman.
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Slander, for accusing the plaintiff of perjury, tried at Montgomery circuit, in December, 1825, before Will-IAMS (J. Judge. The defendant gave a notice, that he would prove special matter on the trial in justification of the slander, setting forth in his notice that the plaintiff had perjured herself, in falsely swearing to certain facts on a trial between her father and one Vrooman. On the trial, he proceeded to the proof in justification; and one question was, whether there was not a variance between the proof and the notice. Another question was, whether the same testimony was necessary,…
1Opinion of the Court
Curia, per
Sutherland, J.
I understand the rule to be, as laid down by the judge, that where, in an action of slander, a defendant justifies a charge of perjury, one witness is not sufficient to prove the truth of the charge, and sustain the justification. The evidence must be the same as required to convict a defendant on an indictment for *120perjury. There must be either two witnesses, or one witness, corroborated by material and independent eir-cumst anees. Upon an indictment, the rule is well established and undisputed ; (1 Phil. Ev. 112; 1 Chit. C. L, 563; 4 Bl. Com. 357; 2 Str. 1230; Peak.…
2Cases cited3 opinions
- Andrews v. VanduzerNew York Supreme Court · 1814
- Feeter v. WhippleNew York Supreme Court · 1811
- M'Kinly v. RobNew York Supreme Court · 1823
3Cited by25 opinions
- Bissell v. WertIndiana Supreme Court · 1871
- Hereford v. CombsSupreme Court of Alabama · 1899
- Laughran v. KellyMassachusetts Supreme Judicial Court · 1851
- Steinman v. McWilliamsSupreme Court of Pennsylvania · 1847
- Lanter v. M'EwenIndiana Supreme Court · 1847
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