Gilbert v. People
Court for the Trial of Impeachments and Correction of Errors
Error to the Columbia general sessions. The defendant was indicted in the oyer and terminer of that county for libel, and the indictment was sent to the sessions, where the defendant demurred; and the court gave judgment for the people.
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Error to the Columbia general sessions. The defendant was indicted in the oyer and terminer of that county for libel, and the indictment was sent to the sessions, where the defendant demurred; and the court gave judgment for the people. The indictment set forth that a suit was commenced before a justice of the peace of that county by Hoot & Saulpaugh against Yosburgh, and that on the return day of the summons the defendant appeared as the attorney for Hoot The principal cause of demurrer was, that the alleged libellous matter was charged in the indictment to have been written «and published…
1Opinion of the Court
By the Court, Beardsley, J.
Whatever may be sa'd or written by a party to a judicial proceeding, or by his attorney, solicitor or counsel therein, if pertinent and material to the matter in controversy, is privileged, and consequently lays no foundation for a private action or a public prosecution. The general language of elementary writers is, that whatever occurs in the regular course of justice is privileged, (Hawk. P. C., B. 1, ch. 73, § 8; 3 Chit. Cr. Law, 869; 1 Saund. 131 (1.); 1 Russ. on Crimes, 307; Bac. Abr. Libel, A. 4;) and by which they intend to indicate the principle I have…
2Cases cited1 opinion
- Hastings v. LuskCourt for the Trial of Impeachments and Correction of Errors · 1839
3Cited by36 opinions
- Youmans v. . SmithNew York Court of Appeals · 1897
- Johnson v. BrownWest Virginia Supreme Court · 1878
- Marsh v. . EllsworthNew York Court of Appeals · 1872
- Moore v. Manufacturers' National Bank of TroyNew York Court of Appeals · 1890
- People Ex Rel. Bensky v. Warden of the City PrisonNew York Court of Appeals · 1932
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