Haskell v. Bailey
Court of Appeals for the Fourth Circuit
Tn Error to the Circuit Court of the United States for the Western District of Virginia. This was an action by John C. Haskell against John M. Bailey for a libel under Code Va. 3887, § 2897, in procuring the publication of alleged libelous words in certain newspaper articles published in the Bristol Courier, a newspaper printed in the state of Tennessee, September 9, 1890, and June 5, 3891. Defendant demurred to the complaint on the ground that the cause of action did not…
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Tn Error to the Circuit Court of the United States for the Western District of Virginia. This was an action by John C. Haskell against John M. Bailey for a libel under Code Va. 3887, § 2897, in procuring the publication of alleged libelous words in certain newspaper articles published in the Bristol Courier, a newspaper printed in the state of Tennessee, September 9, 1890, and June 5, 3891. Defendant demurred to the complaint on the ground that the cause of action did not accrue until after the institution of the action, and also on the ground that it did not allege that plaintiff was a…
1Opinion of the Court
JACKSON, District Judge.
The first question presented in the record for consideration is the ruling of the court below on the ground of demurrer assigned by defendant October 30, 1891, as the record discloses that new grounds of demurrer were interposed on the 12th day of May, 1893. It is claimed under the first demurrer “that the cause of action did not accrue until after the institution of this action.” This position is met by the fact that it is not true as to the first five counts in the declaration, as appears from the record. .The summons in the case to commence the suit issued on the…
2Cases cited1 opinion
- Chaffin v. LynchSupreme Court of Virginia · 1887
3Cited by7 opinions
- Sachs v. Government of the Canal ZoneCourt of Appeals for the Fifth Circuit · 1949
- O'Malley v. Statesman Printing Co.Idaho Supreme Court · 1939
- State ex rel. Taubman v. HustonSouth Dakota Supreme Court · 1905
- Johnston v. MacFadden Newspapers Corp.Appellate Division of the Supreme Court of the State of New York · 1933
- Hanks v. BECKLEY NEWSPAPERS CORPORATIONWest Virginia Supreme Court · 1965
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