Legal Opinion

Respublica v. Oswald

Supreme Court of the United States

Decided January 1, 1788PublishedCited by 51 opinions

On the 12th of July, Lewis moved for a rule to show cause why an attachment should not Issue against Eleazer Oswald, the printer and publisher of the Independent Gazetteer.

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On the 12th of July, Lewis moved for a rule to show cause why an attachment should not Issue against Eleazer Oswald, the printer and publisher of the Independent Gazetteer. The case was this : Oswald having inserted in his newspapers several anonymous pieces against the character of Andrew Browne, the master of a female academy, in the city of Philadelphia, Browne applied to him to give up the authors of those pieces: but being refused that satisfaction, he brought an action for the libel against Oswald, returnable into the supreme court, on the 2d day of July ; and therein demanded bail for…

1Opinion of the Court

By the Court.

Take a rule to show cause on Monday next, at nine o’clock in the morning.

*The defendant appearing on Monday the 14th, agreeable to rule r*,^ to show cause, obtained on Saturday, prayed that the rule might be *- enlarged, as he had not had a reasonable time to prepare for the argument. But JLewis opposed the enlargement of the rule, observing, that the defendant would be heard in extenuation or excuse of the contempt, after the attachment had issued.

By McKean, C. J. — I know not of any instance where a delay of a term has been allowed, in the case of an attachment : one reason for…

2Cases cited4 opinions

  1. Kilbourn v. ThompsonSupreme Court of the United States · 1881
  2. Anderson v. DunnSupreme Court of the United States · 1821
  3. Bayard v. PassmoreSupreme Court of Pennsylvania · 1802
  4. Durant v. Washington CountyU.S. Circuit Court for the District of Iowa · 1869

3Cited by51 opinions

  1. Curtis Publishing Co. v. ButtsSupreme Court of the United States · 1967
  2. Near v. Minnesota Ex Rel. OlsonSupreme Court of the United States · 1931
  3. Ramos v. LouisianaSupreme Court of the United States · 2020
  4. Standing Committee on Discipline of the United States District Court for the Central District of California v. Stephen YagmanCourt of Appeals for the Ninth Circuit · 1995
  5. Anthony Novak v. City of ParmaCourt of Appeals for the Sixth Circuit · 2019

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