This historic book may have numerous typos and missing text.
Purchasers can download a free scanned copy of the original book
(without typos) from the publisher. Not indexed. Not illustrated.
1877 edition. Excerpt: ...and maliciously said, " there is not a
word true in that affidavit, witness is influenced by malice, will
not render him liable to an action for slander. (Calkins v. Sumner,
13 Wis. 193; Norden v. Oppenheim, 3 Menzies, N. S. 42; Seaman v.
Netherclift, 25 Weekly Rep. 159.) No action will lie against a
witness for damage sustained by the falsity of his testimony (Smith
v. Lewis, 3 Johns. 157 Grove v. Brandenburg, 7 Blackf. 234; Cook v.
Cook, 100 Mass. 194; Cunningham v. Brown, 18 Vt. 123; Dunlap v.
Glidden, 31 Maine, 435; and see Atkinson v. Down, I Vict. Law
Times, 44); as where an action was brought against a witness for
swearing that a jewel was worth no more than 180, whereas it was
worth 500, a verdict being found for the plaintiff, judgment was
arrested. (Damport v. Sympson, Cro. Eliz. 520; see cases collected
Vin. Abr. Act. on the Case for Deceit; and see Cunningham v. Brown,
18 Vt. 123; Dunlap v. Glidden, 31 Maine, 435.) No action lies for
suborning a witness to testify falsely. (Smith v. Lewis, 3 Johns.
157; Bostwick v. Jervis, 2 Day, 447.) In slander for charging the
plaintiff, in the presence of "sundry persons," with larceny, the
defendant pleaded that he spoke the words in giving testimony as a
witness in a certain cause. Held, that the defendant might, on the
trial, prove what the testimony which he gave was, and that the
plaintiff, if he meant to proceed for speaking the words on some
other occasion than that named in the plea, should have new
assigned. (Nelson v. Robe, 6 Blackf. 204.) Justification of words
spoken as a witness. (McGovem v. McNamara, 13 6 N. S. Ir. Jur.
346.) 1 Harding v. Bulman, Brownl. 2; Hutt. 11. 2 Allen v. Crofoot,
2 Wend. 515. No statement in the course of "judicial proceedings "
|Country of origin:
||246 x 189 x 17mm (L x W x T)
||Paperback - Trade
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