Padgett v. Sweeting

Bryan, J., delivered the opinion of the Court. Benjamin F. Sweeting and Jane, his wife, sued William H. Padgett and Leah, his wife, for defamatory words alleged to have been spoken by the defendant, Leah, of and concerning the' plaintiff, Jane. The alleged words were these : “You, Jane Sweeting, you dirty stinking liar, you got on the stand and swore false oaths against me.” If the stand mentioned was the witness stand in a Court of justice, engaged in a judicial proceeding, the words undoubtedly involved the charge of perjury and were actionable. If there is any ambiguity in the meaning of the words, it might have been made certain by a colloquium, as is well explained in Peterson vs. Sentman, 37 Md., 140 .

We do not intend, however, to discuss this question, as no objection has been made to the sufficiency of the declaration. The exceptions are to the granting of certain prayers offered on the part of the plaintiff and to the refusal of others on the part of the defendant. The case was tried on the plea of non cul. As there was no special plea in justification, it was not competent for the defendants • to give evidence of the truth of the defamatory words.

Wagner vs. Holbrunner, 7 Gill, 296 ; Hagan vs. Hendry, 18 Md., 177 ; Folkard’s Starkie on Slander and Libel, 512. It was not controverted that-the ⁴⁰⁷ plaintiffs were married, and that the defendants were also man and wife; nor that the false oaths in question were alleged to have been sworn by the plaintiff, Jane, on the trial of a case in the Criminal Court of