Tappan v. Wilson
Ohio Supreme Court
The plaintiff, in his declaration, states, in substance, that he was one of the judges of the United States court for the district of Ohio, duly appointed by the President of the United States, to hold his office until the end of the next session of Congress, which was on the 30th day of June, then last passed; and whereas, it was expected and believed that the said Benjamin would be nominated by the President of the United States, to the senate of the United States, for…
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The plaintiff, in his declaration, states, in substance, that he was one of the judges of the United States court for the district of Ohio, duly appointed by the President of the United States, to hold his office until the end of the next session of Congress, which was on the 30th day of June, then last passed; and whereas, it was expected and believed that the said Benjamin would be nominated by the President of the United States, to the senate of the United States, for ^confirmation in his said office, and that the advice and consent of the senate would be asked to the making of said…
1Opinion of the Court
^Opinion of the court, by
Judge Wood:
But one question is raised for decision: Are the matters set forth in this declaration, as there pleaded, libelous? A libel is a censorious or ridiculing writing, picture, or sign, made with a mischievous and malicious intent toward government, magistrates, or individuals. It does not necessarily charge the plaintiff with a crime, for if its design be wanton and malicious ridicule, and the tendency of the publication to hold up the plaintiff to the scoffs and sneers of society; to degrade him and lessen his standing, an action may well be sustained. So,…
2Cases cited1 opinion
- Steele v. SouthwickNew York Supreme Court · 1812
3Cited by1 opinion
- Ward v. League for JusticeOhio Court of Appeals · 1950