Culver v. Van Anden
New York Supreme Court
Motion to make a complaint more definite and certain. This was an action for libel. The complaint was as follows:— Title of the Cause.
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Motion to make a complaint more definite and certain. This was an action for libel. The complaint was as follows:— Title of the Cause. The complaint of Erastus D. Culver, plaintiff in this action, against the defendant, Isaac Van Anden, respectfully shows to this court:— 1. That at the time of the uttering and publishing of the several libellous articles hereinafter set forth, the plaintiff was and still is the City Judge of the Brooklyn City Court, and was then and still is holding said office, and discharging its duties ;. that the said defendant then was and still is the publisher and…
1Opinion of the CourtBirdseye, J.
—I can see no good reason for requiring the plaintiff to set forth in his complaint the bills, or the purport of the bills, pending before the Legislature, and referred to at the commencement of the alleged libellous matter set forth in the second cause of action. The libellous matter in that count, or cause of action, is that which follows the word “ prostitutes and it depends upon that word, and not upon the previous word “ designs.” It seems to me the reading of the sentence should clearly be, that the plaintiff prostitutes the City Court to be the tool, &c., not that he designs it to be…
2Cases cited1 opinion
- Miller v. MaxwellNew York Supreme Court · 1836
3Cited by2 opinions
- Anderson v. ShockleySupreme Court of Missouri · 1916
- Kelly v. . WaterburyNew York Court of Appeals · 1881