Van Vechten v. Hopkins
New York Supreme Court
RlKER moved to discharge the defendant in this cause, on filing common bail,' or to reduce the sum for which he had been held to bail on his arrest. The action brought against the defendant was for a libel. ■ The publication was admitted in the affidavit of the defendant.
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RlKER moved to discharge the defendant in this cause, on filing common bail,' or to reduce the sum for which he had been held to bail on his arrest. The action brought against the defendant was for a libel. ■ The publication was admitted in the affidavit of the defendant. The libellous paper was an affidavit of the defendant, signed by him, stating a conversation as heard by the defendant, between the plaintiff and another person, relative to articles of coalition between certain federalists and the friends of Governor Lewis, by which the latter engaged to support a federal candidate for…
1Per curiam
The publication charges the plaintiff with an act of political turpitude! immoral in its nature, and manifesting a want of principle. It is prima facie libellous, and that is enough on the present motion. The cause shown for holding to bail was sufficient, and is therefore one of the cases excepted .out of the general rule, that you cannot hold to bail for a libel. The sum required was not excessive.
Tompkins, J. gave no opinion.
Rule refused.
2Cited by6 opinions
- Davis v. ScottNew York Court of Common Pleas · 1861
- Gelles v. RosenbaumNew York Supreme Court · 1931
- Benson v. BennettSupreme Court of New Jersey · 1855
- Morris v. GraberCity of New York Municipal Court · 1932
- Withers v. ThorntonU.S. Circuit Court for the District of District of Columbia · 1827
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