Legal Opinion

Stacy v. Portland Publishing Co.

Supreme Judicial Court of Maine

Decided June 7, 1878PublishedCited by 27 opinions

On exceptions and motion by plaintiff to set aside, for inadequacy, a verdict in bis favor for one dollar. Case, for libel of and concerning the plaintiff, personally ; professionally, as a lawyer; and officially, as secretary of state, published in the Portland Daily Press, September 24, 1875, under the head of “ Personal, ” in these words : “ A responsible gentleman of Ilallowell informs us that Secretary of State Stacy, was recently arrested in that city for drunkenness…

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On exceptions and motion by plaintiff to set aside, for inadequacy, a verdict in bis favor for one dollar. Case, for libel of and concerning the plaintiff, personally ; professionally, as a lawyer; and officially, as secretary of state, published in the Portland Daily Press, September 24, 1875, under the head of “ Personal, ” in these words : “ A responsible gentleman of Ilallowell informs us that Secretary of State Stacy, was recently arrested in that city for drunkenness and disturbance. A ten dollar note quieted the affair.” The plea was not guilty, with a brief statement of the truth of…

1Opinion of the CourtPeters, J.

A witness for the plaintiff testified thus: “ He (the author of the publication complained of) in a cool manner, which excited my laughter, remarked that he thought a very proper thing was to shoot him ” (plaintiff). The plaintiff finds fault with the court in allowing the witness to be asked on cross examination whether he really apprehended the speaker was going to shoot Mr. Stacy. This did not transcend the discretionary power of the presiding judge. The statement of the witness naturally enough called for the question. At the same time, it was unimportant and immaterial. It is evident…

2Cases cited3 opinions

  1. Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
  2. The People v. . EastwoodNew York Court of Appeals · 1856
  3. Dunham's Appeal from ProbateSupreme Court of Connecticut · 1858

3Cited by27 opinions

  1. Vicnire v. Ford Motor Credit Co.Supreme Judicial Court of Maine · 1979
  2. Reynolds v. PeglerDistrict Court, S.D. New York · 1954
  3. Ala. Great Southern Railroad v. SellersSupreme Court of Alabama · 1890
  4. Lampert v. Judge & Dolph Drug Co.Supreme Court of Missouri · 1911
  5. Press Pub. Co. v. MonroeCourt of Appeals for the Second Circuit · 1896

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