Peoples v. Evening News Ass'n
Michigan Supreme Court
■Error to the Superior Court of Detroit. (Chipman J.) Case. Plaintiff brings error. Where the justification of ;a libel is general, its truth must be proved in the sense charged in the declaration: Odger on Libel 169, 170; Townshend on Libel §§ 212, 215, 355, 361-9 ; Whittemore v. Weiss 33 Mich. 348; Bailey v. Kal. Pub.
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■Error to the Superior Court of Detroit. (Chipman J.) Case. Plaintiff brings error. Where the justification of ;a libel is general, its truth must be proved in the sense charged in the declaration: Odger on Libel 169, 170; Townshend on Libel §§ 212, 215, 355, 361-9 ; Whittemore v. Weiss 33 Mich. 348; Bailey v. Kal. Pub. Oo. 40 Mich. ■255; Atkinson v. Free Press 46 Mich. 354; even if the libelous charge be made upon belief it is not a justification to prove that the defendant believed the story to be true, :after careful investigation: Wilson v. Fitch 41 Cal. 379; MoLanoghUn v. Cowley 127…
1Opinion of the CourtCampbell, J.
Plaintiff sued defendant for publishing a libel against him, the substantial charges being connected with the murder of one MarthaWhitla,whose body was found *15:in Detroit river in tbe spring of 1879, and whose murder -was alleged to have taken place January 11, 1879: The .article, while it gave no name, pointed out a particular per.son easily identified with plaintiff, añd in the course of it indicated illicit relations between him and the deceased, and also an act of arson committed some years before to defraud insurers.
Defendant pleaded the general issue, and appended a notice of special…
2Cases cited3 opinions
- Elliott v. Van BurenMichigan Supreme Court · 1875
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