Foot v. Croswell — 1 Cai. 498

Majority

p. 624

Foot against Croswell.

Headnote

S. P. as last case, and for want of those circumstances rule refused.

This was a similar application. The affidavit stated the action to be for libellous words spoken of the plaintiff, exhibiting him in an odious point of view, as guilty of swindling; that a right determination was important to his character in society, and issue joined.

The plaintiff can take nothing by his motion ; his affidavit is defective, in not stating that the words were spoken of him in his official character of district attorney, and in not swearing to their falsehood.

Struck jury denied.