Kilgour v. Evening Star Newspaper Co.
Court of Appeals of Maryland
Appeal from the Circuit Court for Montgomery County (McSherry, C. J., Henderson and Motter, JJ.) Assuming the statement of the article to be true, it was the duty of the State’s Attorney to see that an inquest was held; to give the justice and the deputy sheriff, in the course of the investigation, the full benefit of the skill and experience, which as State’s Attorney he should have possessed ; to cause Bessie Sellman to be held until the mystery was cleared up ; and, if…
Read the full summary
Appeal from the Circuit Court for Montgomery County (McSherry, C. J., Henderson and Motter, JJ.) Assuming the statement of the article to be true, it was the duty of the State’s Attorney to see that an inquest was held; to give the justice and the deputy sheriff, in the course of the investigation, the full benefit of the skill and experience, which as State’s Attorney he should have possessed ; to cause Bessie Sellman to be held until the mystery was cleared up ; and, if the investigation disclosed probable cause to believe a murder had been committed, to use his best efforts to bring those…
1Opinion of the CourtPage, J.
This is an action for libel. The defendant interposed a demurrer which the Court sustained. The judgment being for the defendant, the plaintiff appealed.
The declaration contains three counts — the first and third set out parts of the alleged libelous publication, with certain innuendoes ; the second contains the entire article, but without colloquium or innuendo. No special damages have been pleaded ; and therefore the only question presented by the record, is, whether the publication is libelous per se. Whether this be so or not, is always on demurrer within the province of the Court; and it…
2Cases cited13 opinions
- Avirett v. StateCourt of Appeals of Maryland · 1893
- Negley v. FarrowCourt of Appeals of Maryland · 1883
- Sillars v. CollierMassachusetts Supreme Judicial Court · 1890
- Newbold v. J. M. Bradstreet & SonCourt of Appeals of Maryland · 1881
- Donaghue v. GaffySupreme Court of Connecticut · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Shapiro v. MassengillCourt of Special Appeals of Maryland · 1995
- Leese v. Baltimore CountyCourt of Special Appeals of Maryland · 1985
- Samuels v. TschechtelinCourt of Special Appeals of Maryland · 2000
- Murphy v. YatesCourt of Appeals of Maryland · 1976
- Hearst Corporation v. HughesCourt of Appeals of Maryland · 1983
24 more not listed; retrieve them via the Exa API.