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2 Miles 392

Vanderslice v. Spear

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1841-01-09

THIS was an action of slander brought by capias ad responden-dum, to December term, 1840, No. 506. The defendant obtained this rule to show cause of action, and why he should not be discharged on common bail. On the hearing of the rule, Jack read the plaintiff’s affidavit, which averred that “ the defendant did make use of the following false and scandalous words.

Decided 1841-01-09

Per Curiam.—

¶1An affidavit to hold to bail in slander must either set forth the identical words spoken, or it must aver with sufficient distinctness the substance of the charge made against the plaintiff. The object is to obtain certainty, to avoid evasion and duplicity, a rule common to all affidavits of this nature. This object cannot be attained by means of the present affidavit. It first undertakes to designate the words, and then falls off into a narration of what the plaintiff infers to have been their meaning.

¶2Rule absolute.

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