
    Case No. 4,055.
    DOYNE v. BARKER.
    [4 Cranch, C. C. 475.] 
    
    Circuit Court, District of Columbia.
    Nov. Term, 1834.
    Slander—Baii., When Required.
    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 the plaintiff verily believes that she has suffered damages to a certain amount.
    W. L. Brent, for defendant,
    offered to ap-' pear without .special bail. 2 Johns. 100, 203; Brown (Pa.) 233; Clason v. Gould, 2 Caines, 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.
    Z. G. Lee, contril.
    A plaintiff, in slander, cannot swear positively as to damages. High. Bailm. 12, 15, 24; Starkie, Sland. & L. 243.
   THE COURT (nem. con.) required bail to the amount of $700.  