Watson v. Hampton

• Decision Date: 01 January 1811
• Citation: Watson v. Hampton, 5 Ky. 319 (Ky. Ct. App. 1811)
• Parties: Watson <I>vs.</I> Hampton.
• Court: Kentucky Court of Appeals

5 Ky. 319

Watson vs. Hampton.

Court of Appeals of Kentucky.

Spring Term, 1811.

Opinion of the Court by Chief Justice BOYLE.

THIS is a writ of error with supersedeas to a judgment in an action of slander. The only question is, whether the words, as laid in the declaration, are actionable.

The declaration consists of one count only, which charges the defendant in the action with having spoken of the plaintiff the following words, viz: "that he, the said Thomas, had sworn to a lie." These words do not convey an imputation of the crime of perjury, and without such an imputation they are not in themselves actionable. A distintion is taken in the books between a charge of perjury, and a charge of swearing false. To say of a man "he is perjured," is held actionable; for these words shall be intended to mean that he is foresworn in a judicial proceeding. But for saying of another "he is foresworn," without adding other words which show that it was in a judicial proceeding, no action lies; for the words may be spoken of another in common discourse — See 6 Bac. Abr. 207, title slander, letter B, and the authorities there cited. Had the words in this case been laid...