Ellis v. Kimball
Massachusetts Supreme Judicial Court
Case for a libel. The declaration .alleges, that whereas the said Ellis is, and from his youth up hitherto has been, a good, true, honest, and just citizen of this Commonwealth, &c. ; and whereas, at the time of committing the several grievances by the said Kimball as hereinafter mentioned, ana long before, said Ellis was, and still is, a lieutenant colonel of the fourth regiment in the first brigade in the third division of the militia of this Commonwealth, and as such…
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Case for a libel. The declaration .alleges, that whereas the said Ellis is, and from his youth up hitherto has been, a good, true, honest, and just citizen of this Commonwealth, &c. ; and whereas, at the time of committing the several grievances by the said Kimball as hereinafter mentioned, ana long before, said Ellis was, and still is, a lieutenant colonel of the fourth regiment in the first brigade in the third division of the militia of this Commonwealth, and as such officer has ever been well esteemed, &c. ; and whereas also before the committing, &c., a certain militia court-martial had…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. It is now impossible to contend, that a man may not be as grossly libelled, as effectually exposed to hatred, contempt, and ridicule, by a caricature as by written language. Indeed to say, that a man is shown up, a phrase which manifestly has its origin in graphic exhibition, though it may be used figuratively as expressive of other modes of assailing reputation, is used to express significantly and strongly, that his pretensions to character and reputation are put down. Without contesting *135this general principle, the counsel for the defendant have…
2Cited by4 opinions
- Lionel G. Arcand v. The Evening Call Publishing CompanyCourt of Appeals for the First Circuit · 1977
- Brady v. Hearst CorporationDistrict Court, D. Massachusetts · 1968
- Comes v. CruceSupreme Court of Arkansas · 1908
- Alexis v. District of ColumbiaDistrict Court, District of Columbia · 1999