Sterling v. Sherwood
New York Supreme Court
THIS was an action for a libel. The declaration contained two counts, and charged the libel to have been composed and published on the 10th of April, 1821, of the plaintiff, and of and concerning his profession as an attor- , . , ' ney, and particularly as attorney of the Jefferson County Bank.
Read the full summary
THIS was an action for a libel. The declaration contained two counts, and charged the libel to have been composed and published on the 10th of April, 1821, of the plaintiff, and of and concerning his profession as an attor- , . , ' ney, and particularly as attorney of the Jefferson County Bank. The libel set forth, also, charged the plaintiff with being a friend to slavery, and trafficking in human flesh, The defendant pleaded, 1. Not guilty to the whole declaration. 3. A special justification to the first count, 3. A justification as to the second count. The plaintiff demurred to the second…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court.
The plaintiff has demurred to the defendant’s 2d and 3d pleas. The objections principally relied on are, that these pleas are an answer only to a part of the libellous matter charged in the declaration; and, also, that the matter setup in justification, does not justify the libellous charge.
It is laid down by Mr. Chitty, (1 Chitty's Pl. 509, 510.) and by Serjeant Williams, (1 Saund. 28. n. 3.) that if a plea begin only as an answer to part, and is in truth but an answer to part, the plaintiff cannot demur, but must take his judgment for the…
2Cited by8 opinions
- Howard & Ryckman v. HoeyNew York Supreme Court · 1840
- State v. BurnhamSuperior Court of New Hampshire · 1837
- Harrison v. BalfourMississippi Supreme Court · 1845
- Mattice v. WilcoxNew York Supreme Court · 1891
- Collier v. Postum Cereal Co.Appellate Division of the Supreme Court of the State of New York · 1912
3 more not listed; retrieve them via the Exa API.