Lewis v. Few
New York Supreme Court
THIS was an action for a libel. The declaration contained two counts. The first count charged that the defendant “ did, on the 12th day of March, 1807, at, &c. wickedly and maliciously publish, and cause and procure to be published, in a certain common and public news-a ^ paper, called “ American Citizen, a ialse, scandalous, wicked, and malicious libel of and concerning the said Morgan Lezvis, governor as aforesaid, containing, among other things, the false, scandalous,…
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THIS was an action for a libel. The declaration contained two counts. The first count charged that the defendant “ did, on the 12th day of March, 1807, at, &c. wickedly and maliciously publish, and cause and procure to be published, in a certain common and public news-a ^ paper, called “ American Citizen, a ialse, scandalous, wicked, and malicious libel of and concerning the said Morgan Lezvis, governor as aforesaid, containing, among other things, the false, scandalous, wicked, malicious and libellous matter following, of and concerning the ° said Morgan Lewis, as governor of the said state,…
1Opinion of the Court 1
Kent, Ch. J.
We cannot compel the party to make an election, in this case. If it was a motion for a new trial, it might be otherwise. We must give our opinion on the demurrer to the evidence, if the defendant demands it, and chooses to bring on the argument.
*13You cannot declare according to the tenor and effect j but the precise words must be set forth.* In Boyce v. Whitaker,† Lord Mansfield said, that if the defendant had set out the statute unnecessarily in his pica, 'that ££ he would hold him to half a letter.”
In the case of King v. Marsack,‡ where in reciting a statute, or was put for and,…
Also in this document: Opinion of the Court · Thompson.
2Cases cited1 opinion
- Day v. WilberNew York Supreme Court · 1804
3Cited by30 opinions
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Root v. King & VerplanckNew York Supreme Court · 1827
- Dearing v. Bank of CharlestonSupreme Court of Georgia · 1848
- Jones v. BrownSupreme Court of Iowa · 1880
- Hoey v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1910
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