Legal Opinion

McCarthy v. Innis

New York Supreme Court

Decided October 15, 1891PublishedCited by 2 opinions

Appeal from special term, New York county. Action by Charles P. McCarthy against William J. Innis -for libel. From an order denying defendant’s motion for costs, defendant appeals.

1Opinion of the CourtDaniels, J.

The action was brought to recover damages for the publication of articles alleged to have been libelous. Two different articles were set forth, each in a separate division or count of the complaint. -Issue was taken by the answer on each cause of action, and on the trial so much of the complaint was dismissed as contained a statement of the second cause of action. The issue as to the first was submitted to the jury, aud a verdict returned *856upon it for tile sum of $409 for the plaintiff. The defendant on this disposition of the action claimed to be entitled to costs. But the clerk refused to…

2Cases cited2 opinions

  1. Reed v. BattenNew York Supreme Court · 1888
  2. Heath v. ForbesCity of New York Municipal Court · 1890

3Cited by2 opinions

  1. Moosbrugger v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1896
  2. Rohrs v. RohrsCity of New York Municipal Court · 1911

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