Barrows v. Carpenter
U.S. Circuit Court for the District of Rhode Island
At law. Action on- the case for libel [by Ira Barrows against Benoni Carpenter. Heard on demurrer to plea. The subject-matter of the complaint in the declaration was the republication, in a newspaper called “The Business Directory,” published at Pawtucket, of an article which originally appeared in the “Boston Medical Journal.”
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At law. Action on- the case for libel [by Ira Barrows against Benoni Carpenter. Heard on demurrer to plea. The subject-matter of the complaint in the declaration was the republication, in a newspaper called “The Business Directory,” published at Pawtucket, of an article which originally appeared in the “Boston Medical Journal.” At the argument, it was agreed that the declaration was in the usual common-law form, with the usual and necessary innuendoes; and the court was furnished with a printed copy of the ariicle which was the subject of complaint. As originally Bled, the pleas were the…
1Opinion of the Court
CLIFFORD, Circuit Justice.
In the first place, the plaintiff complains that the defendant, in the introductory part of his plea, has’ introduced and attempted to put in issue matters of fact not necessary to be alleged, and which are wholly impertinent and foreign to the cause. Various specifications are made under this head, but, in the view we have taken of the plea, they may all be considered together. Defences in actions of libel and slander, which go to a general denial of the whole declaration, must be tried under the general issue. Certain other -de-fences must be pleaded specially, and…
2Cases cited4 opinions
- Hastings v. LuskCourt for the Trial of Impeachments and Correction of Errors · 1839
- Cooper v. GreeleyCourt for the Trial of Impeachments and Correction of Errors · 1845
- Shepard v. MerrillNew York Supreme Court · 1816
- Van Ness v. HamiltonNew York Supreme Court · 1822
3Cited by2 opinions
- Rosenberg v. MasonSupreme Court of Virginia · 1931
- Amos v. StockertWest Virginia Supreme Court · 1899