2 F. Cas. 105
U.S. District Court
Decided January 15, 1802
U.S. District Court · decided 1802-01-15
Slander. Office judgment at the rules before last term. moved to set aside the office judgment on filing special pleas of justification to the first and third counts, and a demurrer to second count. The special justification was, that, at the time the defendant spoke the words, he stated that he had received his information from his slave. cited the following cases in support of the plea.
Decided 1802-01-15
¶1seemed inclined to the opinion that the special matter, if good, might be given in evidence on the general issue.
¶2Cur. ad. vult. Afterwards THE COURT was unanimously of opinion that the pleas ought not now to be received. KILTY, Chief Judge, because the facts stated are not a justification; MARSHALL, Judge, because the pleas did not confess the words charged.