Rodney’s Notes.[*]

THOMAS ELLIGOOD v. JAMES ONEAL.

Court of Common Pleas of Delaware, Sussex County.
November 27, 1800.

[*] This case is also reported in Wilson’s Red Book, 318.

Page 140

Bayard, Ridgely, Vining [for plaintiff]. Wilson, D. Hall [for defendant].

Wilson. Calling a man a rogue not actionable; the words laid in declaration not actionable.

Bayard. 1 Del. Laws 346, I conceive the words, “you are a rogue,” actionable by our laws and may be taken up and put in the workhouse as vagabonds etc. in 4 Bl.Comm. 169.

PER CURIAM.

The words “you are a harborer of thieves” is actionable. As to the words “you are a rogue,” the law here is the same as in England, and only actionable as to whom and the manner in which it is applied.

Verdict for plaintiff, fifty cents damages.

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