Jane Doyne v. Job Barker

Jane Doyne v. Job Barker. Bail, in slander, -will be required, upon the plaintiff’s affidavit that the words were maliciously uttered; that the defendant is a transitory person, and about to leave the District, and that the plaintiff verily believes that she has suffered damages to a certain amount. Mr. W. L. Brent, for the defendant, offered to appear without special bail. 2 Johns. 100, 203 ; Brown’s Pa. Rep. 233; Mason v. Gould, 2 Cain. 47. The plaintiff’s affidavit stated that the defendant maliciously uttered the words in the declaration mentioned ; that the defendant is a transitory person, and is about to leave the district; and that she verily believes she has suffered damages to the amount of $3,000, and that she will recover judgment for that amount. The words charge her with being a swindler and a cheat, and cheating others. The plaintiff is a milliner. Mr. Brent contended that the plaintiff must swear positively as to her damages. Mr. Z. C. Lee, contra. A plaintiff, in slander, cannot swear positively as to damages. Highmore on Bail, 12, 15, 24 ; Starkie on Slander, 243. [MAJORITY — The Court] The Court (nem. con.) required bail to the amount of $700.