Bennett v. Matthews & Warren
New York Supreme Court
THIS is an appeal by the plaintiff from a judgment in favor of the defendants, for costs. The action was for libel, and was tried by Hon. D. Boardmaet, justice, and a jury, at the Erie circuit, October 20, 1870. The answer denies the allegations of the complaint, except the publishing of the article alleged to be libelous, which publication is admitted.
Read the full summary
THIS is an appeal by the plaintiff from a judgment in favor of the defendants, for costs. The action was for libel, and was tried by Hon. D. Boardmaet, justice, and a jury, at the Erie circuit, October 20, 1870. The answer denies the allegations of the complaint, except the publishing of the article alleged to be libelous, which publication is admitted. The second and third defences contain statements of facts relied upon by the defendants to establish the truth of the matters charged in the publication, in justification. The fourth defence alleges substantially the same facts as in the…
1Opinion of the Court
By the Court, E. Dabwim Smith, J.
This case comes here on appeal from a judgment rendered at Special Term, upon the verdict of a jury. In such a case the court at General Term can only review the proceedings at the circuit upon questions of law. (Code, § 348.) This consideration precludes a review upon the facts or upon the ground of insufficient evidence, or of the verdict being against the weight of the evidence, when a motion upon that ground has not been made at Special Term and denied, which is the ground stated in the appellant’s first point for a new trial, made on the argument.
The next…
2Cases cited2 opinions
- McKyring v. . BullNew York Court of Appeals · 1857
- King v. RootCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by9 opinions
- Cruikshank v. . GordonNew York Court of Appeals · 1890
- Lauder v. JonesNorth Dakota Supreme Court · 1904
- Wrege v. JonesNorth Dakota Supreme Court · 1904
- Brush v. BlotAppellate Division of the Supreme Court of the State of New York · 1897
- Hopkins v. MeyerAppellate Division of the Supreme Court of the State of New York · 1902
4 more not listed; retrieve them via the Exa API.