Legal Opinion

Maynard v. Beardsley

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1831PublishedCited by 24 opinions

Error from the supreme court. Beardsley sued Maynard in the supreme court for a libel, published in a newspaper in the village of Utica, on the 20th June, 1828, charging him with official misconduct as district attorney of the United States for the northern district ofthe state of New-York. The libel was proved, and that the defendant was the author thereof.

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Error from the supreme court. Beardsley sued Maynard in the supreme court for a libel, published in a newspaper in the village of Utica, on the 20th June, 1828, charging him with official misconduct as district attorney of the United States for the northern district ofthe state of New-York. The libel was proved, and that the defendant was the author thereof. The defendant offered in evidence three several publications in another newspaper, printed in the same village, on the 11th and 18th March, and on the 17th June, 1828, and offered to prove that such publications were generally understood…

1Opinion of the Court

The following opinions were delivered:

By the

Chancellor.

The publication set out in the dec. laration of the plaintiff below, taken in connection with the facts disclosed on the trial, unquestionably imputes to him official *562misconduct, and is therefore libellous. This being a question of construction for the court and jury after the facts had been ascertained, it was not competent for the defendant to call witnesses and ask them how they understood the publication ; for thus the witnesses' would be constituted the judges.both of law and fact, instead of the tribunal organized for that purpose.…

2Cases cited2 opinions

  1. Gibson v. WilliamsNew York Supreme Court · 1830
  2. Avery v. RayMassachusetts Supreme Judicial Court · 1804

3Cited by24 opinions

  1. Warner v. FullerMassachusetts Supreme Judicial Court · 1923
  2. Birchard v. BoothWisconsin Supreme Court · 1856
  3. Goldsmith's Admr. v. JoySupreme Court of Vermont · 1889
  4. Morely v. DunbarWisconsin Supreme Court · 1869
  5. Coxe v. WhitneySupreme Court of Missouri · 1845

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