Tobias v. Harland

Headnote

ff^Tatr^in slander will be allowed, after issue joined, otherwise the action will be inning of the 3tatute-

Motion to amend narr. The declaration is in slander, for words spoken injurious to the plaintiff, as a dealer in , , 1 r i.i . , watches of a particular description. In the inducement in the declaration, and in the ac-eiiam clause of the capias, the plaintiff is alleged to be a manufacturer of watches, and that the words were spoken in reference to his trade and business, as such manufacturer. From a commission to take testimony, just returned from Liverpool, it appears that the plaintiff is not the manufacturer of the watches spoken of, but that they are manufactured expressly for him, and forwarded to him from Liverpool. Issue was joined in August, 1827. The commission was returned on the 17th day of July last. The plaintiff’s attorney states, that he was not aware of the necessity of an amendment, until after the return of the commission, and that more than two years have elapsed since the accruing of the action.