Hatch v. Matthews
New York Supreme Court
Motion by the plaintiff to require the defendants to serve an amended answer wherein they shall separately state and number certain defenses, viz., a defense of justification and one in mitigation of damages alleged in one answer to a complaint charging a libelous publication upon the plaintiff by the defendants in their newspaper, the Buffalo Express, and also that the answer be made more definite and certain in certain particulars.
1Opinion of the CourtWard, J.
The substance of the libel charged in the complaint is that in an action that had been tried in the Superior Court of Buffalo before the plaintiff, as judge of that court,, and a jury, wherein one Smith was plaintiff, and the defendants herein were defendants, which was also an action of libel, *308the plaintiff had been actuated by malice and by improper motives in his judicial action in that case. -That is to say, the charge might bear that construction.
The defendants, in their answer in this action, go considerably into details of certain transactions between the plaintiff and his brother,…
2Cited by2 opinions
- People v. BuellAppellate Division of the Supreme Court of the State of New York · 1903
- Woods v. McClureNew York Supreme Court · 1903