Penters v. England

Decided January 15, 1821

Supreme Court of South Carolina · decided 1821-01-15

Tried before Mr. Justice Colcock. This was an action of slander. The declaration charged in the three first counts, certain slanderous words spoken by the wife of the defendant against the plaintiff, and in other counts, certain slanderous words spoken against the plaintiff by the other defendant, James, the husband.

Decided 1821-01-15

Mr. Justice Colcock

¶1delivered the opinion of the Court.

¶2The law upon this subject is too clear to admit of doubt. If a wife be joined in an action for words spoken by a husband only, it will be error. Hence, if slander be spoken by the husband and wife, there must be separate actions. One against the husband for the slander spoken by him ; and another against the husband and wife, for the slander spoken by the wife ; and the Court will never order such actions to be consolidated, (1 Selwyn, Nisi Prius 315. & Wilson, 227. 1 Bacon, 504, Title Baron Feme. 1 Dyer Reports, p. 19, in a note.

¶3The motion is granted, and a judgment arrested.

Justices Nott., Johnson, Huger and Gantt, concurred.