Littlejohn v. Greeley
New York Supreme Court
Trial at circuit. This was an action brought by Dewitt C. Littlejohn, who had been speaker of the Assembly of this State in the year 1860, against Horace Greeley, one of the editors, proprietors, and publishers of the Hew York Tribune, to recover damages for an alleged libel published in that paper, September 26, 1860, which was set forth in the complaint with the innuendoes as follows : “ A correspondent earnestly inquires our opinion concerning the nomination for members…
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Trial at circuit. This was an action brought by Dewitt C. Littlejohn, who had been speaker of the Assembly of this State in the year 1860, against Horace Greeley, one of the editors, proprietors, and publishers of the Hew York Tribune, to recover damages for an alleged libel published in that paper, September 26, 1860, which was set forth in the complaint with the innuendoes as follows : “ A correspondent earnestly inquires our opinion concerning the nomination for members of the Legislature of D. C. Littlejohn at Oswego (the plaintiff meaning), and of Austin Myers at Syracuse. - On this…
1Opinion of the Court
By the Court.— Bacon, J.
—I. do not know that there has been any rule established in the courts of this State; I am certain there is not any in'the rural districts. But it seems to me that the case in 3d Bosworth is very clear authority for the right of the plaintiff to open. I shall rule that the plaintiff has the right accordingly. ' "
At a later stage of the trial, after the plaintiff rested, the defendant called a witness who testified to the passage of certain acts by the Legislature of 1860. The witness continued: “I considered Mr. Littlejohn the most influential member of that Assembly.”
Q…
2Cited by7 opinions
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- Hartman v. Morning Journal Ass'nNew York Court of Common Pleas · 1892
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