Thompson v. Lewiston Daily Sun Publishing Co.
Supreme Judicial Court of Maine
On Exceptions by Dependant. The case appears in the opinion. The demurrer should be sustained because (1st.) the declaration does not declare that Thompson knew of the crime charged. (2nd.) In point of law the words fall short of charging the crime of bigamy.
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On Exceptions by Dependant. The case appears in the opinion. The demurrer should be sustained because (1st.) the declaration does not declare that Thompson knew of the crime charged. (2nd.) In point of law the words fall short of charging the crime of bigamy. (3rd.) The court in an examination of this case, coming before it on a demurrer, must find that it appears upon the whole declaration that the words are clearly defamatory: and if they are ambiguous they cannot be pronounced defamatory. (4th.) Taking the whole article together and considering its scope and purpose—the legal effect of the…
1Opinion of the CourtWhitehouse, J.
This is an action of libel for defamatory matter published in the newspaper of the defendant company concerning the plaintiff. The defendant filed a general demurrer to the declaration. The presiding judge overruled the demurrer and the defendant brings the case to the law court on exceptions to this ruling.
The more material parts of the published article, comprising the special matter alleged to be libelous, with the innuendoes as they appear in the declaration, are as follows:—
' “The announcement in yesterday’s Sun of the Thompsons’ (meaning the plaintiff and his brother) arrest for the…
2Cases cited2 opinions
- Miller v. MillerNew York Supreme Court · 1811
- Gibbs v. DeweyNew York Supreme Court · 1826
3Cited by13 opinions
- Jerald v. HoustonSupreme Court of Kansas · 1927
- Chapman v. GannettSupreme Judicial Court of Maine · 1934
- Chaloner v. Washington Post Co.Court of Appeals for the D.C. Circuit · 1911
- Hagener v. Pulitzer Publishing Co.Missouri Court of Appeals · 1912
- Powers v. Durgin-Snow Publishing Co.Supreme Judicial Court of Maine · 1958
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