Constitution Publishing Co. v. Way
Supreme Court of Georgia
Action of libel. Before Judge Van Epps. City court-of Atlanta. March term, 1893. The publication in the Atlanta Constitution newspaper, here sued on, was as follows: “ THE PROPRIETOR HAS SKIPPED. “The Delmonico Restaurant oh Pryor street closed. “ The Delmonico Restaurant, situated at 57 South Pryor street, was suddenly closed yesterday afternoon; and before numerous creditors could ascertain the fact, the proprietors had skipped for parts unknown. Eour weeks ago Messrs. Ed.
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Action of libel. Before Judge Van Epps. City court-of Atlanta. March term, 1893. The publication in the Atlanta Constitution newspaper, here sued on, was as follows: “ THE PROPRIETOR HAS SKIPPED. “The Delmonico Restaurant oh Pryor street closed. “ The Delmonico Restaurant, situated at 57 South Pryor street, was suddenly closed yesterday afternoon; and before numerous creditors could ascertain the fact, the proprietors had skipped for parts unknown. Eour weeks ago Messrs. Ed. Way and his son came to Atlanta from Anniston, Ala. They were formerly residents of Yankton, S. D., and in various…
1Opinion of the Court
Simmons, Justice.
1-3. J. M. and Fred. W. Way brought an action for libel against the Constitution Publishing Company. On the trial of the case the court allowed an amendment striking the name of Fred. W. Way, a,nd permitted the case to proceed in the name of J. M. Way, over the objection of counsel for the defendant that the amendment made a new and distinct cause of action as well as a new and distinct party, it being contended that the action as it originally stood was an action by a firm or partnership, and that the amendment converted it into an action by an individual. Counsel for the…
2Cases cited1 opinion
- Evening News Ass'n v. TryonMichigan Supreme Court · 1880
3Cited by8 opinions
- Ellis v. Brockton Publishing Co.Massachusetts Supreme Judicial Court · 1908
- Collier v. Postum Cereal Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Lewis v. HayesCalifornia Supreme Court · 1918
- Peacock v. Tata Sons, Ltd.Appellate Division of the Supreme Court of the State of New York · 1923
- Simpson v. SteenDistrict Court, D. Utah · 1954
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