Mann v. Press Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal .by the plaintiff, William D’Alton Mann, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of ¡New York on the 9th day of March, 1909, upon the decision of the court, rendered after a trial at the ¡New York Special Term, overruling the plaintiff’s demurrer to a portion of the answer, and also (as stated in the .notice of appeal) from the said decision upon which the judgment appealed from…
Read the full summary
Appeal .by the plaintiff, William D’Alton Mann, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of ¡New York on the 9th day of March, 1909, upon the decision of the court, rendered after a trial at the ¡New York Special Term, overruling the plaintiff’s demurrer to a portion of the answer, and also (as stated in the .notice of appeal) from the said decision upon which the judgment appealed from was entered.
1Opinion of the Court
Laughlin, J.:
No appeal lies from a decision of the court. The remedy of the defeated party is to appeal from the judgment entered, upon the decision.
*30This is an action, for libel. The defendant is the publisher of a daily newspaper known as the Hew York World.. The alleged libel consisted in the publication in the issue of that paper on the 10th day of December, 1905, of the following articles : ■
“Great Mames Forged in ‘Fads and Fancies.”
“Facsimile Signatures of President Roosevelt, Grover •' Cleveland, and Bishop. ' Potter Employed;
“ All Have Denied Any 'Connection With Book. .
“ Col. Mann…
2Cited by4 opinions
- National Surety Co. of New York v. CobbCourt of Appeals for the Fifth Circuit · 1933
- Mann v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Paris v. New York Times Co.New York Supreme Court · 1939
- Levey v. New York Evening Journal, Inc.Appellate Division of the Supreme Court of the State of New York · 1932