Campbell v. . Butts
New York Court of Appeals
Campbell sued Butts m the recorder’s court of the city of ■ Buffalo for slander. The defendant pleaded not guilty and a former recovery for the same cause.
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Campbell sued Butts m the recorder’s court of the city of ■ Buffalo for slander. The defendant pleaded not guilty and a former recovery for the same cause. On the trial it was proved by the defendant that there had been a former suit for slander in the Erie common pleas brought by the same plaintiff against the defendant, and that on the trial of that suit the plaintiff, without objection, for the purpose of showing malice, gave in evidence the speaking of some of the words charged in the declaration in this cause, but which were not set forth in the declaration in such former suit; that some…
1Opinion of the CourtGardiner, J.
The rule is well established, if not elementary, that a party insisting upon a former recovery must show that the record of the former suit includes the matters alledged to have been determined. This is true in all cases in courts of record, whether the pleadings between the parties in the previous suit are general or special in their character. (Cowen & Hill’s Notes, part 2, 839, 840; 5 John. 24; Young v. Rummel, 2 Hill, 481, and cases cited.) It follows that when the declaration, as in the first suit between these parties, states a special matter as the ground of action, and issue is taken…
2Cases cited6 opinions
- Gilman v. LowellNew York Supreme Court · 1832
- Lewis v. FewNew York Supreme Court · 1809
- Manny v. HarrisNew York Supreme Court · 1806
- M'Lean v. HugarinNew York Supreme Court · 1816
- Wilder v. CaseNew York Supreme Court · 1837
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lorillard v. . ClydeNew York Court of Appeals · 1890
- Greenup v. CrooksIndiana Supreme Court · 1874
- Campbell Printing Press & Manufacturing Co. v. WalkerNew York Court of Appeals · 1889
- Seed v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1901
- Halliday v. Bank of Stewart CountySupreme Court of Georgia · 1907
7 more not listed; retrieve them via the Exa API.