Republican Pub. Co. v. Mosman
Supreme Court of Colorado
Appeal from District Court of La/rim&r County. On rehea/ri/ng. The facts necessary to an understanding of the opinion are as follows: In December, 1885, appellee, Frank J. Mos-man, plaintiff below, was engaged in mercantile business, in tbe city of Ft. Collins, Larimer county, Colo., and appellant, tbe Republican Publishing Company, defendant below, was a corporation, and tbe "owner, proprietor and publisher of a certain newspaper having a circulation in said city of Ft.
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Appeal from District Court of La/rim&r County. On rehea/ri/ng. The facts necessary to an understanding of the opinion are as follows: In December, 1885, appellee, Frank J. Mos-man, plaintiff below, was engaged in mercantile business, in tbe city of Ft. Collins, Larimer county, Colo., and appellant, tbe Republican Publishing Company, defendant below, was a corporation, and tbe "owner, proprietor and publisher of a certain newspaper having a circulation in said city of Ft. Collins. On December 29, 1885, tbe defendant published in its said newspaper the following article of and concerning the…
1Opinion of the CourtJustice Elliott
The publication by defendant of the article complained of at the time and place alleged in the complaint not being denied, proof of such publication was, by a familiar rule of practice, unnecessary at the trial. The statement in the answer that defendant did not wickedly, etc., intending to injure, etc., publish the supposed defamatory libel, is not a denial of the publication, but merely a- denial of malicious intent in publishing. The answer, however, not only denies that defendant was actuated by malice in publishing, but *403denies that the article was either scandalous or libelous. The…
2Cases cited9 opinions
- Murphy v. HobbsSupreme Court of Colorado · 1884
- Brooker v. CoffinNew York Supreme Court · 1809
- Willover v. . HillNew York Court of Appeals · 1878
- Steele v. SouthwickNew York Supreme Court · 1812
- Proctor v. HoughtalingMichigan Supreme Court · 1877
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3Cited by20 opinions
- Burns v. McGraw-Hill Broadcasting Co., Inc.Supreme Court of Colorado · 1983
- French v. DeaneSupreme Court of Colorado · 1894
- A. H. Belo & Co. v. FullerTexas Supreme Court · 1892
- Gomba v. McLaughlinSupreme Court of Colorado · 1972
- Melcher v. BeelerSupreme Court of Colorado · 1910
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