Paxton v. Woodward
Montana Supreme Court
Appeal from District Court, Gallatin County; ]Vm. L. Holloway, Judge. Action by Cyrus Paxton against A. J. Woodward. Judgment for defendant, and from the judgment and an order denying a new trial, plaintiff appeals. The purported justification to the second cause of action ivas certainly no justification whatever. It purported to refer to and make a part of said justification, defendant’s second answer to plaintiff’s first cause of action.
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Appeal from District Court, Gallatin County; ]Vm. L. Holloway, Judge. Action by Cyrus Paxton against A. J. Woodward. Judgment for defendant, and from the judgment and an order denying a new trial, plaintiff appeals. The purported justification to the second cause of action ivas certainly no justification whatever. It purported to refer to and make a part of said justification, defendant’s second answer to plaintiff’s first cause of action. Such matter could not be incorporated by reference. Each count of the answer must stand or fall by itself. Watters of substance cannot by reference be…
1Opinion of the Court
PION. I. B, LESLIE, Judge of the Eighth Judicial District,
sitting in place of Mr. Justice Holeowat, delivered the opinion of the court.
This is an action to recover damages for libel. A trial of the cause in the c.ourt below resulted in a verdict for the defendant. Plaintiff moved for a new trial, which was denied, and from the judgment and the order overruling said motion the plaintiff appeals.
*206The complaint embraces two separate counts, in each of which plaintiff claims damages in the sum of $5,000. The first count is for the publication of a certain alleged false, malicious and unprivileged…
2Cases cited35 opinions
- Wilson v. FitchCalifornia Supreme Court · 1871
- Post Pub. Co. v. HallamCourt of Appeals for the Sixth Circuit · 1893
- Turner v. HearstCalifornia Supreme Court · 1896
- Warner v. Press Publishing Co.New York Court of Appeals · 1892
- Harris v. ZanoneCalifornia Supreme Court · 1892
30 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Herbert v. LandoSupreme Court of the United States · 1979
- Duncan v. the Record Publishing Co.Supreme Court of South Carolina · 1927
- Frederick v. HaleMontana Supreme Court · 1910
- Dale v. Ohio Civil Service Employees Ass'nOhio Supreme Court · 1991
- Koppang v. SevierMontana Supreme Court · 1938
39 more not listed; retrieve them via the Exa API.