Legal Opinion

King v. Root

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1829PublishedCited by 56 opinions

Error from the supreme court. Root sued King and Verplank, editors of the New-York American, a newspaper printed in the city of New-York, for a libel published in that paper.

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Error from the supreme court. Root sued King and Verplank, editors of the New-York American, a newspaper printed in the city of New-York, for a libel published in that paper. The libel was in the following words : “ Lieutenant Governor Root.—It has been denied, we understand, by the Argus” &c., “in answer to some strictures on the subject in an Albany paper, that on the afternoon of his famous decision of order, Mr. Root was intoxicated ; and the charge is treated as calumnious,” &c. “The facts are shortly these ; We speak only what we saw; and as it is a matter of some public concern, that…

1Opinion of the Court

The following opinions were delivered:

By the Chancellor.

There is no doubt in this case that the publication complained of was libellous. It represented the lieutenant governor of the state as being in a state of beastly intoxication while in the discharge of his official duties in the senate; an object of loathing and disgust, blind with passion and with rum. He is charged with outraging all order, decency and forbearance by attempting to address the senate in that situation, and when he had no more right to do it than any grovelling sot from the public kennel. These charges were made by the…

2Cases cited2 opinions

  1. Larned v. BuffintonMassachusetts Supreme Judicial Court · 1807
  2. Wolcott v. HallMassachusetts Supreme Judicial Court · 1810

3Cited by56 opinions

  1. Hamilton v. . EnoNew York Court of Appeals · 1880
  2. Klinck v. . ColbyNew York Court of Appeals · 1871
  3. State ex inf. Crow v. ShepherdSupreme Court of Missouri · 1903
  4. Voltz v. . BlackmarNew York Court of Appeals · 1876
  5. Sweeney v. BakerWest Virginia Supreme Court · 1878

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