Connors v. Collier
New York Supreme Court
Motion by plaintiff to vacate an ea; parte order requiring him to be examined for defendant’s use upon the trial.
1Opinion of the CourtBrown, J.
Plaintiff makes this motion on the ground that the answer of the defendant is insufficient; that there is no issue raised upon which plaintiff can he examined; that it an insufficient answer as a justification for the publication of a libel to merely allege that the publication is true; that, to constitute a defense of justification, the answer must allege facts showing the truth of the charge, and that such justifying facts must be as broad as the *170charge; and that, because defendant’s answer fails to allege facts showing the truth of the published charge, there is no issue of fact raised by…
2Cases cited4 opinions
- Wachter v. . QuenzerNew York Court of Appeals · 1864
- Schweinburg v. AltmanAppellate Division of the Supreme Court of the State of New York · 1909
- McKane v. Brooklyn CitizenNew York Supreme Court · 1889
- Brush v. BlotAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Beck v. OdenCourt of Appeals of Georgia · 1941