Spencer v. Southwick
Court for the Trial of Impeachments and Correction of Errors
THIS cause was brought before this court on a writ of error from the supreme court. It was an action for a libel, and judgment was given in the court below, on a demurrer to the replication. For a statement of the pleadings, and the judgment of the court below, see vol. 10. p. 259, of these reports, and also the same case, on a demurrer to the plea, vol. 9. p. 314.
1Opinion of the Court
The Chancellor (Kent)(a) said,
that as this cause must be decided on the grounds discussed in the supreme court, when he presided in that court, he should decline giving any opinion here; nor should he give any opinion in any cause decided before him in that court.
Lewis, Senator,
was of opinion that the judgment of the supreme court ought to be reversed.
*579Saiwqbd, Senator.
The allegations of the parties having terminated in a demurrer, the sufficiency of each one of the pleadings is. drawn in question. The pleadings must, therefore, be examined; and the first of them which shall be found to be…
2Cited by10 opinions
- Root v. King & VerplanckNew York Supreme Court · 1827
- Bradley v. CramerWisconsin Supreme Court · 1884
- Lauder v. JonesNorth Dakota Supreme Court · 1904
- McGinnis v. George Knapp & Co.Supreme Court of Missouri · 1891
- Jesse v. CaterSupreme Court of Alabama · 1856
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