Legal Opinion

Church v. Tribune Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided December 3, 1909PublishedCited by 8 opinions

Appeal by the defendant, The Tribune Association, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the .county, of Hew York on the 19th day of July, 1909, upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling the defendant’s demurrer to the complaint.

1Opinion of the Court

Scott, J.:

Defendant appeals from an interlocutory judgment overruling its demurrer to the complaint. The. action is for libel and is based iipon an article published- in defendant’s newspaper reading as follows:

“ Clerks Hold Up Court.

“ Magistrate and Prisoners Wait While Clerical Staff Takes

Holiday.

“Magistrate Breen found no clerks at the West Side Police-Court when he arrived there yesterday morning ready to convene *31court at 9 o’clock, and it was 10:30 before substitutes could be obtained. Meanwhile forty ■ policemen, with two-score prisoners, were obliged to stand around waiting for some…

2Cases cited3 opinions

Ertheiler v. BernheimAppellate Division of the Supreme Court of the State of New York · 1899
Flaherty v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1905
O'Shaughnessy v. Morning Journal Ass'nNew York Supreme Court · 1893

3Cited by8 opinions

Rossiter v. New York Press Co.Appellate Division of the Supreme Court of the State of New York · 1910
Berkson v. Time, Inc.Appellate Division of the Supreme Court of the State of New York · 1959
Smith v. Staten Island Advance Co.New York Supreme Court · 1949
Potter v. Pictorial Review Co.Appellate Division of the Supreme Court of the State of New York · 1913
Mildenberger v. FlemmingNew York Supreme Court · 1928

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