Kintz v. Harriger

Citations

• 99 Ohio St. (N.S.) 240

Syllabus

<p>’Witnesses — Evidence privileged, when — Perjured testimony before grand jury — Admissible in action for malicious prosecution — Or to support charge of perjury, when — Constitutional law — Protection of reputation.</p> <p>1. The Constitution of Ohio, Bill of Rights, Section 16, provides, among other things, “Every person, for an injury done him in his land, goods, person, or¡ reputation, shall have remedy by due course of law.”</p> <p>2. It is the primary 'duty of courts to sustain this declaration of right’ and remedy, wherever the same has been wrongfully invaded.</p> <p>3. Perjured testimony given wrongfully, maliciously and wilfully before a grand jury may not only be offered in evidence in support of a charge of perjury against the witness so testifying, but also in an action brought by the individual for “an injury done him in his * * * reputation.”</p>