Legal Opinion

Thomas v. Rumsey

New York Supreme Court

Decided May 15, 1810PublishedCited by 22 opinions

THIS was an action for a libel. The venue was laid e m the county of Washington, and the libel was charged ta have been published on the 16th April, 1807, at Salem, in the county of Washington. The declaration contain-three counts.

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THIS was an action for a libel. The venue was laid e m the county of Washington, and the libel was charged ta have been published on the 16th April, 1807, at Salem, in the county of Washington. The declaration contain-three counts. The defendant pleaded not guilty, and jssue was joined, as of November term, 1807. After J . ’ the usual continuances, until August term, 1809, the . . * 1 ’ defendant pleaded puis darrein continuance, as follows t And the said David Rumsey, junior, by his attorney aforesaid, comes and says, that the said David Thomas ought not further to maintain his said action…

1Opinion of the CourtThompson, J.

This case comes before the court upon a plea puis darrein continuance. The declaration is upon a libel. The plea states, substantially, a prosecution and recovery against Henry Dodd, of 140 dollars and 92 cents, by the plaintiff, for the damages which he had sustained by the same identical writing and publishing, and causing *31and procuring to be written and published the same identical libel, in the first and second counts of the declaration mentioned; and that the said damages have been paid to and received by the plaintiff, in satisfaction and discharge of the judgment so recovered against…

2Cited by22 opinions

  1. Walsh v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1912
  2. Van Horn v. Van HornSupreme Court of New Jersey · 1893
  3. Allen v. CrofootNew York Supreme Court · 1827
  4. Walsh v. New York Central & Hudson River RailroadNew York Court of Appeals · 1912
  5. Osterhout v. RobertsCourt for the Trial of Impeachments and Correction of Errors · 1827

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