Clarke v. Fitch
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. The defendants were the publishers of a daily paper in San Francisco called the Evening Bulletin. One Moses Frank was indicted for forgery, and on the trial the plaintiff was a juror. The jury failed to agree, and the said paper published articles concerning the jury, of which the words quoted in the opinion formed a part.
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Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. The defendants were the publishers of a daily paper in San Francisco called the Evening Bulletin. One Moses Frank was indicted for forgery, and on the trial the plaintiff was a juror. The jury failed to agree, and the said paper published articles concerning the jury, of which the words quoted in the opinion formed a part. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Crockett, J.:
The action is for libel; and the jury returned a general verdict for the plaintiff for six thousand dollars. There was no motion for a new trial; and the appeal by the defendants is from the judgment.
So much of the 'evidence as is necessary to explain the exceptions taken to the rulings of the Court, in the progress of the trial, is brought up by a statement on appeal.
In the absence of a motion for a new trial, the question whether the damages are excessive does not arise on this appeal. If the defendants intended to assail the verdict on this ground, they should…
2Cases cited2 opinions
- Bliss v. WilsonIndiana Supreme Court · 1836
- Nichols v. PackardSupreme Court of Vermont · 1844
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- Rosenbloom v. Southern Pacific Co.California Court of Appeal · 1922
- Williams v. SeiglitzCalifornia Supreme Court · 1921
- Thompson v. PowningNevada Supreme Court · 1880
- Ellsworth v. Martindale-Hubbell Law Directory, Inc.North Dakota Supreme Court · 1936
- Wood v. KellerCalifornia Court of Appeal · 1945
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