Stevens v. Rowe
Supreme Court of New Hampshire
Case, for conspiring together to testify falsely in a material matter, in the trial before a referee of a suit between the plaintiff and the defendant Rowe, and that, in pursuance of the conspiracy, the defendant Chadwick did testify falsely in said matter, whereby the plaintiff was injured. The question reserved was on a demurrer to the declaration.
1Opinion of the CourtAllen, J.
No special damage is alleged to have resulted from the conspiracy set up, nor from the false testimony claimed to have been given by the defendants. The award and consequent judgment must, in whole or in patt, have resulted from the false testimony to enable the plaintiff to recover, if he could recover at all. The fact of conspiracy is not actionable, but only the acts of the confederated parties, and these only when they would be actionable if done by an individual. The ancient writ of conspiracy, as a civil process, is not now used in practice. It never had force beyond cases of conspiring…
2Cases cited5 opinions
- Kimball v. HarmanCourt of Appeals of Maryland · 1871
- Smith v. LewisNew York Supreme Court · 1808
- Dunlap v. GliddenSupreme Judicial Court of Maine · 1850
- Cunningham v. BrownSupreme Court of Vermont · 1846
- Bostwick v. LewisSupreme Court of Connecticut · 1807
3Cited by17 opinions
- Miller v. GlanzCourt of Appeals for the Tenth Circuit · 1991
- Miller v. GlanzCourt of Appeals for the Tenth Circuit · 1991
- McGranahan v. DaharSupreme Court of New Hampshire · 1979
- Mills v. MurrayMissouri Court of Appeals · 1971
- Town of Hooksett School District v. W.R. Grace & Co.District Court, D. New Hampshire · 1984
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