Scofield v. Demorest
New York Supreme Court
Appeals from special term, New York county. Actions for libel by Gerrit S. Scofield against W. Jennings Demorest, and! by Frank M. Scofield against the same defendant. Defendant answered in both actions, pleading truth in justification, and moved that plaintiffs be compelled to reply. Code Civil Froc.
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Appeals from special term, New York county. Actions for libel by Gerrit S. Scofield against W. Jennings Demorest, and! by Frank M. Scofield against the same defendant. Defendant answered in both actions, pleading truth in justification, and moved that plaintiffs be compelled to reply. Code Civil Froc. H. Y. § 516, referred to in the opinion, provides that “where an answer contains new matter, constituting a defense by way of avoidance, the court may, in its discretion, on the defendant’s application, direct the plaintiff to reply to the new matter.” Defendant’s motions-were denied and he…
1Opinion of the CourtBarrett, J.
These are actions for libel. The defendant justifies, pleading the truth of the entire libel. It must be conceded that, strictly speaking,, such justification is in the nature of “new matter by way of avoidance,” as. that expression is used in section 516 of the Code of Civil Procedure. The-plaintiff may rest upon proof of the publication. The presumption of innocence attaches until it is overthrown by the defendant. The allegation of' falsity is not traversable, and the defendant must plead the facts which constitute justification. Granting all this, we still think that this motion…
2Cited by4 opinions
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