Legal Opinion

Randall v. Evening News Ass'n

Michigan Supreme Court

Decided July 1, 1892PublishedCited by 1 opinion

Error to Wayne. (Hosmer, J.) Case. Plaintiff brings error. from order sustaining demurrer. Judgment vacated and case remanded by stipulation, with leave to amend declaration, the proceedings thereafter to be under the rules. The facts are stated in the opinion.

1Per curiam

This is an action of libel. The declaration sets out .in a single count more than 200 articles published by the defendant of and concerning the plaintiff, many of which are admittedly libelous per se. The defendant demurred to the declaration, assigning various grounds, but did not assign duplicity as a special ground of demurrer.

At the argument it was intimated by the Court that the, declaration was bad for duplicity, but'no opinion was given as to whether the question could be raised by general demurrer. The counsel realizing the complications liable to arise should the case proceed to…

2Cited by1 opinion

  1. Randall v. GartnerMichigan Supreme Court · 1893

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