Spencer v. Sampson — 1 Cole. & Cai. Cas. 311

Majority

p. 311

Ambrose Spencer v. Ezra Sampson.

Headnote

THIS was an application on the part of the plaintiff for a struck jury, in an action on the case for a libeh The affidavit on which it was founded stated, that the words spoken of the plaintiff, concerning him in his official character as attorney general, were false, and that the cause was at issue.

p. 312

W. W. Van Ness opposed the motion,

and urged# that to entitle to a struck jury, the cause ought tobe important and intricate : that though he might allow the importance of every cause relating to character,; yet, its intricacy he must deny, and both these circumstances are necessary by our statute.

The words of the statute are, “ in- “ trícate or important.” It is of great consequence to this court to protect its officers, and those of the public, in the discharge of their duty. Take your rule.