Miller v. Maxwell
New York Supreme Court
This is'an action for a libel. The plaintiff, in the introductory part of the first count of his declaration, states that on the first day of October, 1833, an article was published in a newspaper, over the signature of M. B., containing strictures upon the physicians of this country for adopting the theory of an European physician, ascribing nearly all the diseases to which mankind are subject to spinal irritation or inflammation; and that the defendant untruly alleged and…
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This is'an action for a libel. The plaintiff, in the introductory part of the first count of his declaration, states that on the first day of October, 1833, an article was published in a newspaper, over the signature of M. B., containing strictures upon the physicians of this country for adopting the theory of an European physician, ascribing nearly all the diseases to which mankind are subject to spinal irritation or inflammation; and that the defendant untruly alleged and declared that the plaintiff was the writer of such article, and then, after other introductory matter which will…
1Opinion of the Court
By the Court, Nelson, Ch. J.
It is manifest, from a perusal of the libel in question, that there are no expressions contained in it, so far designating the plaintiff, as to enable any one reading it to apply to him the slanderous imputations. The author or writer of the article signed M. B., previously published, is directly referred to, and is the person whose practice as a physician and surgeon is upon the face of the publication impeached. There would seem to be no great difficulty in maintaining the action on the part of the plaintiff or any other person who could prove himself the author…
2Cited by38 opinions
- Harris v. ZanoneCalifornia Supreme Court · 1892
- Cooper v. GreeleyCourt for the Trial of Impeachments and Correction of Errors · 1845
- Daniel Fetler v. Houghton Mifflin CompanyCourt of Appeals for the Second Circuit · 1966
- Stone v. CooperNew York Supreme Court · 1845
- Kennedy v. GiffordNew York Supreme Court · 1838
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