O'Donaghue v. M'Govern
New York Supreme Court
Libel. The plaintiff, after stating in the introductory part of his declaration that he was a minister of the gospel, *being a [ *27 ] priest of the denomination called Roman catholic ; that he had been regularly appointed to discharge the duties of priest of the Roman catholic church of the village of Oswego ; that he had deservedly obtained the good opinion of his neighbors, of the members of the Roman catholic church at Oswego, and of the bishop and ecclesiastical…
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Libel. The plaintiff, after stating in the introductory part of his declaration that he was a minister of the gospel, *being a [ *27 ] priest of the denomination called Roman catholic ; that he had been regularly appointed to discharge the duties of priest of the Roman catholic church of the village of Oswego ; that he had deservedly obtained the good opinion of his neighbors, of the members of the Roman catholic church at Oswego, and of the bishop and ecclesiastical authorities of the diocess of New-York, to whom he was amenable as such priest — alleged that on, &c. at, &c. the defendant…
1Opinion of the CourtCowen, J.
By the Court, The first special plea is defective in substance. It neither denies that the letter was untrue, nor does it assert that the defendant believed it to be true; nor does it deny that the falsehoods contained in it were communicated to the bishop maliciously and with intent to injure the plaintiff, as the declaration alleges. It takes the high ground that, because the bishop was the plaintiff’s spirit- [ *29 ] ual superior, whose office it was to hear the "charges contained in the letter, and redress the grievances complained of, therefore, the defendant, no matter in what temper or…
2Cases cited1 opinion
- Howard v. ThompsonNew York Supreme Court · 1839
3Cited by5 opinions
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- Larkin v. NoonanWisconsin Supreme Court · 1865
- Rockwell v. Hartford Fire InsuranceThe Superior Court of New York City · 1857
- People v. GlassmanUtah Supreme Court · 1895