Weston against Dobniet
| Jurisdiction | England & Wales |
| Date | 1791 |
| Year | 1791 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 369
IN THE KING'S BENCH.
[432] case 11. weston against dobniet. Words spoken in a course of justice are not actionable. Ante, 90. 134. 191. 1 Eoll. Ab. 33. 87. Jones, 431. 1 Saund. 131. 1 Lev. 240. 3 Leon. 138. Hardr. 223. Bull. N. P. 6. 2 Burr. 807. 1 Ter. Rep. 110. Action on the case. Whereas a suit was depending in the Spiritual Court betwixt one A. and the defendant, in which suit A. produced the now plaintiff for a witness; the defendant, having day given to except against the witnesses, put in his exceptions in writing, that the now plaintiff was not a competent witness, and that there ought not any credit be given to him, because he was perjured ; whereupon the plaintiff, hanging this suit, brought this action for this scandal: and it was argued, that it lay. But the whole Court held, upon the reason in Dixie's case, 4 Co. 14. that it was not maintainable, because it is in the course of justice, and not ex malitid: for if one bring another before a justice of peace for supposition of felony without any just cause, yet no action lies: and if one exhibit a scandalous bill, if the Court hath jurisdiction of such matters, an action lies not: otherwise it is, if the Court have not jurisdiction; or having, if the party publish his bill abroad, the said bill being false. But in this case the defendant proceeded in such mariner as the Spiritual Court hath allowed him, viz. to disprove the testimony of the witnesses produced. Houghton said, if in trespass the defendant justifies that the plaintiff was bankrupt, (a) Fide Lindwood Canonica purgatio secunda. (I) See stat. West. 1. c. 2. (c) Vide Natura Brevium et St. Cor. 137, 138. (d) See Hunn's case in Kellaway's Reports, 7 Hen. 8. pi. 181. and 2 Hawk. P. C. 512. 370 MICHAELMAS TERM, 15 JAC. 1. IN B. R. CEO. JAC. 433. whereby he had a commission upon the statute, and those goods were delivered to him, whereas the plaintiff was not any bankrupt, nor any commission issued, yet the plaintiff for the words contained in the plea shall not maintain any action. And he put the Chief Justice in mind of Brooks' case (a) against the Recorder of London, who in evidence to a jury spake scandalous words against one; and yet adjudged that no action lay.-So per Curiam judgment was here for the defendant.
English Reports Citation: 79 E.R. 370
IN THE KING'S BENCH.
case 12. henning's case. On a promise to pay as much for goods as every other pays...
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