Georgia Reports Volume 27

Georgia Reports Volume 27

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1860 edition. Excerpt: ... in issue. 3. Vhen the plea of justification has been filed, and is not demurred to for insufficiency, and evidence has been admitted under it without objection, it is error in the Court, sua. spante, in its charge to the jury, to instruct them, that the plea is defective, and the defendant can take nothing by it. Slander, from Houston county. Tried before Judge LAMAR, at September Term, 1858. This was an action for slander, brought by Samuel Gurr against Seaborn C. Bryan. The slanderous words alleged to to have been spoken by the defendant, were, that plaintiffhad sworn falsely in a certain suit, which had been tried in Houston Superior Court, at April Term, 1853, wherein Hughes Walton, administrator of Joseph Nunery was plaintiff, and the said Seaborn C.;Bryan was defendant, being an action of trover for certain negroes. The defendant pleaded: 1st. The general issue, not guilty. 2d. That the words alleged to have been spoken, were true, and that defendant wasjustifiable in speaking the same. Sd. That the Words were not spoken maliciously, but because defendant, believed that theyiwere true, having understood Gurr, in said action, to swear thatidefendant "told him to go and tell Fuller to leave the place where he was then staying and working." That he, defendant had never so told said plaintiff, and that it was in reference to this testimony of plaintifl"'s on said trial, that defendant, had said that plaintiff swore falsely, but that he did not utter said words maliciously, but from a confident belief, that plaintitf had so testified, and knowing that he had never so told plaintiff. The case was submitted to the jury upon the evidence of both parties, and after argument and the charge of the Court, thejury found...
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Product details

  • Paperback | 222 pages
  • 189 x 246 x 12mm | 404g
  • United States
  • English
  • black & white illustrations
  • 1236890973
  • 9781236890979