
    Robert W.— and Wife v. L. L.—, Carpenter.
    To say of a woman, “I caught Lucy W-in bed with Ephraim M-,” is not actionable. Words charging a woman with a breach of chastity are not actionable, unless special damages be proven.
    Tried before Mr. Justice Richakdson, at Newberry, March Term, 1819.
    This was an action of slander, on the following words: “ I caught Lucy W-in bed with Ephraim L-.” To which the defendant demurred generally. And the Court sustained the demurrer ; from which decision the plaintiffs appealed, and moved to set aside the judgment on demurrer, and for leave to execute a writ of inquiry, on the ground that the words are actionable.
    
      
      O'Neal, for the motion. Bauskett, contra.
   *The opinion of the Court was delivered by [*205

Richardson, J.

The only question is, whether words charging a woman with a breach of chastity, are actionable ? That they are not actionable, without special damage following, has been long since settled, in the case of Boyd v. Brent. See also cases of Buys v. Gillespie, 2 John 115. Brooker Coffin, 5 John, 188.

To such decisions, 1 will hereby add, that this one of those decisions, springing from common law doctrines often complained of, but now requiring legislative aid to remedy after inveterate practice.

The motion is, therefore, unavoidably dismissed.

CoiiCocK, Nott, and Johnson, JJ., concurred,

Gantt, J., dissented. 
      
       1 Tread. 101, or 3 Brev. 241.
      Act of 1824, 6 Stat. 236, \ 3.
     