It is true, that the only actionable lam guage imputed to the defendant in the complaint, is that by which he charges' that the plaintiff is a thief. If, Upon the trial, this should be proved, the action would be sustained, whether the residue of the allegation should be proved or not. But, in proving the charge, it would be proper, indeed neces* sary, to prove all that was said at the time, in order that the jury may be able to determine, from the whole conversation, what was intended.
It may not be necessary to allege in the complaint all that was said, and yet it is certainly quite proper. It cannot be
The motion must be denied, with costs.