Opinion of the Court. The omission of a colloquium, showing to what the words spoken, referred, so as to render them actionable, we consider fatal. The declaration is not good at common law, nor under the statute. The declaration does not bring the case within the letter or meaning of the statute. The judgment of the court below is affirmed, with costs,
Judgment affirmed.
To say that the plaintiff has swore false, or taken a false oath, is not actionable. 8 Johns. Rep., 109. There must be a colloquium of its being in a cause pending in a court of competent jurisdiction, and on a point material to the issue. 13 Johns. Rep., 48. 1 Caine’s Rep., 347. 2 Johns., 10. The term foresworn is not in itself actionable. 6 T. R., 691. 8 East., 427. Vide Laws of Illinois, 1823, p. 82.