Legal Opinion

Macurda v. Lewiston Journal Co.

Supreme Judicial Court of Maine

Decided December 16, 1908PublishedCited by 5 opinions

On exceptions by defendant. Two actions on tbe case brought by the plaintiff against the defendant company, to recover damages for alleged libels published by the defendant company, "of and concerning the plaintiff.” The defendant company filed a general demurrer to each declaration. The presiding Justice, pro forma, overruled the demurrers, and the defendant excepted. The cases are sufficiently stated in the opinion.

1Opinion of the CourtKing, J.

Each action is to recover damages for an alleged libel and is before the Law Court on a general demurrer to the declaration. In the first action the publication of the alleged libelous matter is stated in this form :

"Said defendant did .... falsely and maliciously compose, print, publish and circulate, or cause to be composed, printed, published and circulated in a certain public newspaper .... a certain scandalous and malicious libel of and concerning the plaintiff.”

In the other action the publication is stated in this form:

"Said defendant did .... falsely and maliciously compose and publish…

2Cited by5 opinions

  1. Kornbrodt v. Equitable Trust Co.Oregon Supreme Court · 1931
  2. Jones v. Howe-Thompson, Inc.Oregon Supreme Court · 1933
  3. Sinclair v. GannettSupreme Judicial Court of Maine · 1952
  4. Woodbury v. YeatonSupreme Judicial Court of Maine · 1937
  5. Culver v. Metropolitan Life InsuranceSuperior Court of Delaware · 1934

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