Spencer v. Sampson
New York Supreme Court
This was an application, on the part of the plaintiff, for a struck jury, in an action on the case for a libel. The affidavit on which it was founded stated, that the words spoken of the plaintiff, were concerning him in his official character as attorney-general, were false, and that the cause was at issue.
1Per curiam
The words of the statute are, “ intricate or important.” It is of great consequence to this court to protect its officers, and those of the public, in the discharge of their duty. Take your rule(a)
Buie for struck jury.
The rule as to struck juries, for libellous words on official characters is, that they must be spoken of the party in his official character. Van Vechten *624v. Hopkins, 2 Johns. Rep. 373. Thomas v. Croswell, 4 Johns. Rep. 491, and the truth of those words denied. When these requisites are complied with, a struck jury will be granted in an action by an attorney-general, (the case in…
2Cases cited1 opinion
- Poucher v. LivingstonNew York Supreme Court · 1829