Brooks v. Bemiss
New York Supreme Court
THIS was an action for a libel. The declaration contained three counts. In the first count, the libellous words charged, were: “ But this is not the first time ° ’ the idea of falsehood and Micah Brooks (the plaintiff) . . J have been associated together, m the minds of many honest men,” (meaning, that the plaintiff had been guilty of falsehood, and that in the minds of many honest men he was considered as addicted to falsehood, 5 and of an infamous character.) The words in…
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THIS was an action for a libel. The declaration contained three counts. In the first count, the libellous words charged, were: “ But this is not the first time ° ’ the idea of falsehood and Micah Brooks (the plaintiff) . . J have been associated together, m the minds of many honest men,” (meaning, that the plaintiff had been guilty of falsehood, and that in the minds of many honest men he was considered as addicted to falsehood, 5 and of an infamous character.) The words in the second * count were: “In open court under the solemnities of . . . . an oath, this paltry but ambitious politician…
1Per curiam
The principal point, upon the motion for a new trial, is, as to the admissibility of the evidence, which was offered on the part of the defendant, and rejected by the judge.
The defendant offered in evidence the record of a trial at the Ontario sessions, of the term of June, 1809, and it was rejected, on the ground that the notice annexed to the plea, set forth that the record of a trial, of the term of June, 1810, would be given in evidence. The year in the notice was an evident clerical mistake, as the time specified in the notice was even subsequent to the joining of issue in the cause, and…
2Cited by6 opinions
- Jordan v. CooperSupreme Court of Pennsylvania · 1817
- Norton v. RookerWisconsin Supreme Court · 1842
- Vail v. SmithNew York Supreme Court · 1825
- Mason v. MasonSuperior Court of New Hampshire · 1827
- More v. BennettNew York Supreme Court · 1867
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