Kelly v. Independent Publishing Co.
Montana Supreme Court
(Submitted February 14, 1912. Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by Jenny Kelly, administratrix, against the Independent Publishing Company. From a judgment for plaintiff and an order denying its motion for a new trial, defendant appeals. submitted .a brief; argued the cause orally. The cause of action accrued on the date of the publication, and the statute of limitations began to run as of that date.
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(Submitted February 14, 1912. Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by Jenny Kelly, administratrix, against the Independent Publishing Company. From a judgment for plaintiff and an order denying its motion for a new trial, defendant appeals. submitted .a brief; argued the cause orally. The cause of action accrued on the date of the publication, and the statute of limitations began to run as of that date. The day upon which the tort is committed is not to be excluded. (Geneva Cooperage Co. v. Brown, 124 Ky. 16, 30 Ky. Law Rep. 272, 98 S. "W. 279;…
1Opinion of the CourtChief Justice Brantly
Action for damages for the publication of a libel. In the court, below, the plaintiff had verdict and judgment. The defendant has appealed from the judgment and an order denying its motion for a new trial. The cause of action alleged is the publication by defendant, in the “Helena Daily Independent,” on the morning of February 21, 1907, of and concerning the plaintiff the following article:
“Mother Accused by Her Children.
“Mrs. F. E. Miller, of Butte, is arrested on charge of assault, at the instance of Otto Schoenfeld, executive officer of the state bureau of child and animal protection, who…
2Cases cited24 opinions
- Aultman Taylor Co. v. . SymeNew York Court of Appeals · 1900
- McAllister v. Detroit Free Press Co.Michigan Supreme Court · 1889
- Paxton v. WoodwardMontana Supreme Court · 1904
- Palmer v. OakleyMichigan Supreme Court · 1847
- Neeb v. HopeSupreme Court of Pennsylvania · 1886
19 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Wright v. Grove Sun Newspaper Co., Inc.Supreme Court of Oklahoma · 1994
- Sherwood Bros. v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
- Maresca v. United StatesCourt of Appeals for the Second Circuit · 1921
- Grey v. Silver Bow CountyMontana Supreme Court · 1967
- State Ex Rel. Burns v. LacklenMontana Supreme Court · 1955
15 more not listed; retrieve them via the Exa API.