Ring v. Wheeler
New York Supreme Court
Motion in arrest of judgment, on the ground that several counts of the declaration, which contained 16 counts in the whole, for verbal slander, were defective in substance.
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Motion in arrest of judgment, on the ground that several counts of the declaration, which contained 16 counts in the whole, for verbal slander, were defective in substance. The 1st count charged, that, before the grievances complained of in the first seven counts, at a hearing before referees appointed by this court, in a cause wherein the present ^defendant was plaintiff, and Meach and Allendorf were defendants, the plaintiff in this-suit was examined on oath as a witness for the defendants;' that his' evidence was material to the issue; and that the plaintiff there, (the present…
1Opinion of the Court
Curia, per Woodworth, J.
The counts in the declaration charge the speaking of the words in various ways; and the weight of evidence, as derived from the judge’s notes, is, that they were spoken while the defendant *was summing up to the referees. There is, therefore, no sufficient ground for entering the verdict on any of the counts which state the speaking of the words without reference to the hearing.
The words proved are actionable in themselves, unless justified by the occasion and manner of speaking. If the 4th and 6 th counts are defective in substance, the evidence will warrant the…
2Cited by18 opinions
- Youmans v. . SmithNew York Court of Appeals · 1897
- Johnson v. BrownWest Virginia Supreme Court · 1878
- Moore v. Manufacturers' National Bank of TroyNew York Court of Appeals · 1890
- Lawson v. HicksSupreme Court of Alabama · 1862
- Chapman v. DickAppellate Division of the Supreme Court of the State of New York · 1921
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