Rundell v. Butler
New York Supreme Court
This was an action for a libel tried at the Greene circuit, in October 1830, before the Hon. James Vanderpoel, one of the circuit judges.
Read the full summary
This was an action for a libel tried at the Greene circuit, in October 1830, before the Hon. James Vanderpoel, one of the circuit judges. The libel consisted of some doggerel rhymes, which the plaintiff in his declaration alleged that the defendant had caused to be composed and published, with the intent to cause it to be believed that the plaintiff Reuben Rundell, for the purpose of obtaining a larger portion of the estate of his father, had been guilty of proposing to his brother Hardy, to unite with him to murder their brother Jehu, and that Jehu had been murdered by the advice and…
1Opinion of the Court
By the Court,
Savage Ch. J.
The publication of the libel was proved, and I am inclined to think the verdict was against the weight of evidence ; but I do not deem it necessary to analyze the testimony, as it is not of course that a new trial should be granted in this case, although the verdict be against the weight of testimony. In Jarvis v. Hathaway, 3 Johns. R. 180,3, it was held by this court, that in penal actions and actions for libel and defamation, a new trial will not be granted *121to the plaintiff, unless some rule of law has been violated in the admission or rejection of testimony, or in…
2Cited by16 opinions
- Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
- Thompson v. PowningNevada Supreme Court · 1880
- Warner v. LockerbySupreme Court of Minnesota · 1884
- Wendell v. SaffordSuperior Court of New Hampshire · 1841
- Flint v. ClarkSupreme Court of Connecticut · 1839
11 more not listed; retrieve them via the Exa API.