Lyon v. Lyman
Supreme Court of Connecticut
Tins was an action for a libel ; tried at Brooklyn, October term, 1830, before Williams, J. The plaintiff produced the paper alleged in the declaration to be a libel, and offered to shew, that it was in the hand-writing of the defendant, by shewing other writings of the defendant, which were proved to be genuine and to have been written by the defendant, to be compared by the jury with the paper so set forth in the declaration.
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Tins was an action for a libel ; tried at Brooklyn, October term, 1830, before Williams, J. The plaintiff produced the paper alleged in the declaration to be a libel, and offered to shew, that it was in the hand-writing of the defendant, by shewing other writings of the defendant, which were proved to be genuine and to have been written by the defendant, to be compared by the jury with the paper so set forth in the declaration. He also offered sundry witnesses, who had seen the defendant write, who testified, that they believed the paper to be in the hand-writing of the defendant, but who, on…
1Opinion of the CourtDaggett, J.
The question now presented for discussion, is, whether the whole or any part of the testimony was admissible. If not admissible in whole, a new trial must be granted; otherwise not.
It is not to be concealed, that there are conflicting opinions on these points, both in our elementary writers and in the decisions of courts, in this country and in Great Britain.
These general positions on this subject, may be considered as established, by the modern cases. First, that the same rule prevails in civil and criminal cases. Francia’s case, 6 St. Tr, 70. Layer’s case, 6 St. Tr. 275. Rex v. Dr. Hensey,…
2Cases cited3 opinions
- Homer v. WallisMassachusetts Supreme Judicial Court · 1814
- M'Corkle v. BinnsSupreme Court of Pennsylvania · 1812
- State v. BrunsonSupreme Court of Connecticut · 1791
3Cited by38 opinions
- Potter v. . CromwellNew York Court of Appeals · 1869
- In re Wilcox & Howe Co.Supreme Court of Connecticut · 1898
- Murdock v. . GiffordNew York Court of Appeals · 1858
- Capen v. PeckhamSupreme Court of Connecticut · 1868
- Eaves v. EstesSupreme Court of Kansas · 1872
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