Usher v. Severance
Supreme Judicial Court of Maine
This was an action of trespass on the case for a libel. Plea, the general issue. The plaintiff read in evidence the article charged as libellous in the Kennebec Journal under date of Nov. 5, 1834, which was as follows: —. “Post Office Reform.” “We understand that Samuel Usher, Esq. postmaster of Kingfield in Somerset county, has been arrested for being a little too eager for the spoils of victory.
Read the full summary
This was an action of trespass on the case for a libel. Plea, the general issue. The plaintiff read in evidence the article charged as libellous in the Kennebec Journal under date of Nov. 5, 1834, which was as follows: —. “Post Office Reform.” “We understand that Samuel Usher, Esq. postmaster of Kingfield in Somerset county, has been arrested for being a little too eager for the spoils of victory. Mr. Stanley, the old postmaster and a very worthy man, was removed since Jackson came in, to make a place for Mr. Usher, who hurraid for Jackson at a prodigious rate. But Mr. Usher found the…
1Opinion of the Court
The opinion of the Court was by
Whitman C. J.
This is an action for thé publication of a libel upon the plaintiff, in a newspaper edited by the defendant. A verdict was returned for the plaintiff; but with the right, on the part of the defendant, to have it set aside, and a new trial granted, “ if the instructions requested and witheld,should have been given; or those which were given were erroneous.”
The first instruction requested and witheld was, “ that the article of 5th of Nov. taken in connexion with that of the 19th is not on its face libellous.” This instruction, we think the Judge did…
2Cited by10 opinions
- McAllister v. Detroit Free Press Co.Michigan Supreme Court · 1889
- Commercial Pub. Co. v. SmithCourt of Appeals for the Sixth Circuit · 1907
- Billet v. Times-Democrat Publishing Co.Supreme Court of Louisiana · 1901
- Mallory v. Pioneer-Press Co.Supreme Court of Minnesota · 1886
- Thomas v. BowenOregon Supreme Court · 1896
5 more not listed; retrieve them via the Exa API.