Hooper v. Lee

Decided January 15, 1852

Supreme Court of Arkansas · decided 1852-01-15

Hooper against James F. Lee, in the Scott circuit court. The gravamen of the charge in the declaration is, that on the 24th April, 1849, defendant falsely and maliciously made an affidavit before Seth Spangler, a justice of the peace of said county, that plaintiff was guilty of perjury in posting a certain cow, &c., whereupon the justice issued a warrant for the apprehension of the plaintiff, under which he was arrested, imprisoned, and afterwards tried and acquitted.

Decided 1852-01-15

Mr. Justice Scott

¶1delivered the opinion of the Court.

¶2The testimony rejected was clearly competent: indeed no other evidence was competent, unless a foundation had been laid for secondary evidence by proof of the loss of this that the court rejected. Those proceedings before the justice were the very foundation of the complaint, and by these the plaintiff proposed to make out the first point in his case, to wit: his prosecution and acquittal. (2 Greenl. Ev., p. 427, § 449. 4 Phil. Ev., p. 253. Beebe v. De Baun, 3 Eng., p. 570.)

¶3Let the judgment be reversed, and the cause remanded.