Cooper v. Greeley
Court for the Trial of Impeachments and Correction of Errors
Demurrer to pleas, in an action for libel. The declaration, after the. usual- introductory matter, alleged, in the first count, the publication by the defendants in the New-York Tribune, of a certain false and malicious libel of and concerning the plaintiff, containing (infer al.) the following matter, which is set out with inuendoes, applying it to the plaintiff. • “ At all events, having published the letter excepted to as a matter of intelligence, without any sort of…
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Demurrer to pleas, in an action for libel. The declaration, after the. usual- introductory matter, alleged, in the first count, the publication by the defendants in the New-York Tribune, of a certain false and malicious libel of and concerning the plaintiff, containing (infer al.) the following matter, which is set out with inuendoes, applying it to the plaintiff. • “ At all events, having published the letter excepted to as a matter of intelligence, without any sort of feeling towards Mr. Cooper, but such as his conduct in the case seemed to excite, we have at all times stood ready to…
1Opinion of the Court
By the Court,- Jewett, J.
The first question presented is whether the first count of the declaration is good in substance. If not, it follows that the pleas interposed to that count need not be examined for the purpose of giving judgment on the demurrer; the rule being that where the count is so defective that a verdict will not cure it, the defendant on demurrer to his plea may fall back upon the count. (Miller v. Maxwell, 16 Wend. 9.) The defendants contend that the publication set forth in this count is not libellous. For the plaintiff it is insisted that it contains a charge that he was in…
2Cases cited2 opinions
- Miller v. MaxwellNew York Supreme Court · 1836
- Fidler v. DelavanNew York Supreme Court · 1838
3Cited by43 opinions
- James v. Gannett Co.New York Court of Appeals · 1976
- Jews for Jesus, Inc. v. RappSupreme Court of Florida · 2008
- Triggs v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1904
- Gail Davis v. Diana RossCourt of Appeals for the Second Circuit · 1985
- More v. . BennettNew York Court of Appeals · 1872
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