Brown v. Kellogg
Massachusetts Supreme Judicial Court
Libel against Charles C. Stratton and John E. Kellogg, co-partners and publishers of the Fitchburg Daily Sentinel. Writ dated June 22, 1900. The case came up on appeal from an order of the Superior Court granting a motion to dismiss the action made by the defendant Kellogg on the ground that the defendant Stratton had died.
1Opinion of the CourtHolmes, C. J.
This is an action for libel. Originally it was brought against two partners. On November 13, 1900, after an answer to the merits, a paper was filed in the cause by Kellogg, one of the defendants, alleging the death of the other defendant and that therefore Kellogg ought not to be held to answer to the *298writ, and concluding, “ moves that said action be dismissed.” The paper was entitled “ Defendant’s Motion.” The next day, November 14, the plaintiff moved to amend on account of the death, so that the action should be against Kellogg only, and this motion was allowed on the same day. On November…
2Cases cited6 opinions
- Allin v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1890
- McAvoy v. WrightMassachusetts Supreme Judicial Court · 1884
- Kimball v. SweetMassachusetts Supreme Judicial Court · 1897
- Bassett v. HoworthMassachusetts Supreme Judicial Court · 1870
- Tappan v. ElyNew York Supreme Court · 1836
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Marston v. PhippsMassachusetts Supreme Judicial Court · 1911
- Summers v. Boston Safe Deposit & Trust Co.Massachusetts Supreme Judicial Court · 1938
- Staats v. Co-Operative Transit Co.West Virginia Supreme Court · 1943
- Merriman v. CurrierMassachusetts Supreme Judicial Court · 1906