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Packer v. Spangler

Packer against Spangler and Wife

Packer v. Spangler, 2 Binn. 60 (1809)
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Court
Supreme Court of Pennsylvania · State Highest Courts
Decided
July 12, 1809
Citations
2 Binn. 601809 Pa. LEXIS 24
Headnotes
She swore a “false oath, and “ I can prow it,” not actionable; nor are the words helped pei|uiy.i,Mra^° °f
Summary
IN ERROR. ¡ RROR to the Common Pleas oí Centre county. Spangler and Wife declared against Packer in the court below for slander of the wife. The declaration contained f°Ui counts, the last of which charged that the defendant in a certain discourse concerning the wife, “ published and “ proclaimed the false feigned malicious and opprobrious “ English words following, of and concerning the said Baf- “ bar a, in the presence and hearing of &c.; that is to say, she “ (meaning the said Barbara, wife of the said Peter Spangler) “ swore a false oath, (meaning that the said Barbara had' “ been guilty of the crime of wilful and corrupt perjury) and M I can prove itP The defendant pleaded not guilty, with leave to justify. Upon the trial, evidence was given upon all the counts, and the jury found a general verdict for the plaintiff, five hundred dollars damages, which were levied by execution.

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Opinion of the Court

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Per Curiam.

The precise point has already been determined by this Court, in the case of Schaffer v. Kintzer. (d)

*61 The words are not actionable, nor can the innuendo help them; and therefore the judgment must be reversed. At the same time the Court award restitution of the money levied by execution in the common Pleas, and a venire facias de novo.

Judgment reversed and venire de novo.

1 Binney 537.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1834–1835: 11848–1849: 118342026peak 1834 · 1

Relies on it most ⓘ

  1. Tipton v. Kahle3 Watts 90 (1834)
  2. Bricker v. Potts12 Pa. 200 (1849)

Most recent

  1. Bricker v. Potts12 Pa. 200 (1849)
  2. Tipton v. Kahle3 Watts 90 (1834)

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