delivered the opinion of the Court. Case for slander, in charging the plaintiff with the crime of theft. The defendant moves to set aside the verdict, as against the weight of evidence, and also on account of the rejection of Eaton as a witness incompetent on the ground of interest.
It being considered as settled in this Commonwealth by a series of decisions, that a count in slander, generally alleging that the defendant, by words, &c. charged and imputed to the plaintiff, the crime of theft, is a good declaration and will warrant a judgment upon it, it follows as a necessary consequence, that in the trial of an issue joined on such count, great latitude must be allowed in the admission of evidence. Any words, though in their natural and ordinary sense, doubtful or uncertain, or even innocent, but which in the ordinary mode of de
2. We are of opinion on the other point, that the witness, Eaton, was rightly rejected as incompetent, on the ground of interest. It appears by the report, that the land, which was attached on this writ, was subsequently purchased by the witness, mediately or immediately, from the defendant, and that he had conveyed away the same with warranty. We think he had a direct and immediate interest in the event of the suit. The attachment constituted a lien on the land, which would remain or be discharged, by the event of the suit. If the p'aintiff has a judgment in this action, that land, notwithstanding the alienations, will be liable to be taken to satisfy such judgment, which liability will be discharged by a judgment for the defendant. It is an interest analogous to that of bail, who has always been held incompetent, till discharged, because, though a plaintiff, if he recover, may satisfy his judgment from other sources, yet such a judgment gives him certain vested rights against the bail. Or perhaps it is more nearly analogous to that of any after-attaching creditor, who is consid
Judgment on the verdict.
