Thrall v. Smiley
California Supreme Court
Appeal from, the District Court of the Twelfth Judicial District, County of San Francisco. This was an action for damages against the defendants for an alleged libel upon plaintiff, in his profession as a dentist. George W. Smiley, one of the defendants, applied to the plaintiff, Dr. II. II. Thrall, a dentist, to extract for him a tooth, which operation the latter undertook to perform. The tooth was a hack molar, of the lower jaw.
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Appeal from, the District Court of the Twelfth Judicial District, County of San Francisco. This was an action for damages against the defendants for an alleged libel upon plaintiff, in his profession as a dentist. George W. Smiley, one of the defendants, applied to the plaintiff, Dr. II. II. Thrall, a dentist, to extract for him a tooth, which operation the latter undertook to perform. The tooth was a hack molar, of the lower jaw. The tooth was so situated that the dentist deemed it best to draw it inwardly j and in performing the operation, the instrument came in contact with the cutting…
1Opinion of the CourtField, J.
This is an action for an alleged libel upon the plaintiff in- his profession as a dentist. The variance between the date of the libel as set forth in the second count of the complaint—the 23d of June—and the date as shown in the evidence—the 24th of June—was immaterial. The defendants were not misled by it; at least they do not pretend they were misled. If they were prejudiced by it they should have shown to the Court in what respect, to entitle the objection to consideration.
The answer of the defendant, George Smiley, does not contain a justification of the publication. To constitute a…
2Cases cited3 opinions
- United States v. GibertU.S. Circuit Court for the District of Massachusetts · 1834
- the People v. Ransom.New York Supreme Court · 1831
- Commonwealth v. Justices of the Court of SessionsMassachusetts Supreme Judicial Court · 1809
3Cited by10 opinions
- Territory of Dakota v. O'HareNorth Dakota Supreme Court · 1890
- Newton v. ThomasCalifornia Court of Appeal · 1955
- Green v. StateCourt of Appeals of Maryland · 1882
- Fenstermaker v. Tribune Publishing Co.Utah Supreme Court · 1895
- Fenstermaker v. Tribune Publishing Co.Utah Supreme Court · 1896
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