Van Derveer v. Sutphin
Ohio Supreme Court
In error to the Common Pleas of Montgomery county. In 1850, Sutphin instituted an action on the case against Yan Derveer, in the common pleas of Butler county, for a libel; to which the defendant pleaded the general issue, and filed sundry notices in justification. Upon the trial in Butler county, the jury failed to agree.
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In error to the Common Pleas of Montgomery county. In 1850, Sutphin instituted an action on the case against Yan Derveer, in the common pleas of Butler county, for a libel; to which the defendant pleaded the general issue, and filed sundry notices in justification. Upon the trial in Butler county, the jury failed to agree. Afterwards the venue was changed, and the cause removed to Montgomery county, where, in December, 1852, the cause was again tried, and a verdict rendered in favor of the plaintiff, in the sum of eight hundred dollars, on which, after the hearing and overruling a motion for…
1Opinion of the CourtBartley, J.
The record in this case shows that the libelous charges against the plaintiff in error were presented on the trial, in the common pleas, under circumstances of some aggravation. And the attempts in justification, as well as those in mitigation, on the part of the defense, all tended still further to wound the character of the defendant in error, and therefore, to be available in law, should have been well pleaded, and clearly founded in fact. Numerous errors are assigned upon the rulings of the common pleas, on the trial of the cause.
1st. It is insisted, that the court erred in permitting the…
2Cases cited1 opinion
- Williams v. MinerSupreme Court of Connecticut · 1847
3Cited by11 opinions
- Davis v. HearstCalifornia Supreme Court · 1911
- State v. SelfOhio Supreme Court · 1990
- Post Pub. Co. v. HallamCourt of Appeals for the Sixth Circuit · 1893
- Montgomery v. KnoxSupreme Court of Florida · 1887
- Conroy v. Fall River Herald News Publishing Co.Massachusetts Supreme Judicial Court · 1940
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