27 Ga. 378 | Ga. | 1859
By the Court.
delivering the opinion.
For myself, I find no great fault with the special plea and the charge asked on it. It might have been better worded perhaps,so as to have set forth truly the facts on which the defendant relies. Admitting the speaking of the words, which is not denied, the defendant should have set forth in his plea, that being present in Court, when the plaintiff was examined as a witness in the case of-----he understood him to say, as did Bailey, Humphries, Giles, Hall, and others, that he, the defendant, had requested him, witness, to tell Fuller to move off of his land. And so understanding him, and knowing that he had given no such instructions, he said to by-standers at the time, and to Gurr himself afterwards, that he had sworn falsely. That he did not speak the words maliciously, but to repel what he believed at the time to be a false statement, highly injurious to himself and prejudicial to his rights, and that he had not repeated the accusation, after its denial by the plaintiff. Of the truth of all which he put himself upon the country, &c
As to the truisms contained in several of the requests to charge, we deem it unnecessery to notice them. They had no special application to the facts of this case.
By this unexpected and uncalled for charge, the Court de
Judgment reversed.