Legal Opinion

Martin v. Mattison

New York Supreme Court

Decided November 15, 1858PublishedCited by 2 opinions

Demurrer to the complaint. The complaint contained statements of four causes of action : one for malicious prosecution in behalf of the people, before a justice of the peace, for a crime; one for libel; and two for slanderous words spoken. The defendant demurred to the complaint upon the following grounds, viz.: 1st. The several counts therein do not state facts sufficient to constitute a cause of action ; 2d.

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Demurrer to the complaint. The complaint contained statements of four causes of action : one for malicious prosecution in behalf of the people, before a justice of the peace, for a crime; one for libel; and two for slanderous words spoken. The defendant demurred to the complaint upon the following grounds, viz.: 1st. The several counts therein do not state facts sufficient to constitute a cause of action ; 2d. The complaint improperly unites several causes of action for injuries to the person with causes of action for injuries to character, viz., malicious prosecution, libel, and slander; 3d.…

1Opinion of the Court

By the Court.—Balcom, J.

The several counts in the complaint are not demurred to separately; therefore, if either count states facts sufficient to constitute a cause of action, the first cause of demurrer is not well assigned. The complaint is very inartificially drawn; but I think one count, at least, does state facts sufficient to constitute a cause of action.

Prior to the Code, counts for slander and malicious prosecution could be joined (Grah. Pr., 2d ed., 96). Blackstone defines injuries affecting reputation to be:—First—Malicious, scandalous, and slanderous words (3 Blackst. Com., 123).…

2Cited by2 opinions

  1. De Wolfe v. AbrahamAppellate Division of the Supreme Court of the State of New York · 1896
  2. Henderson v. JacksonThe Superior Court of New York City · 1870

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