Mattice v. Wilcox
New York Supreme Court
Appeal from special term, Otsego county. Action by Burr Mattice against Henry Wilcox. The complaint alleged: “Since September, 1879, he has been an attorney and counselor at law, engaged in the business of his profession as a means of livelihood in the village of Oneonta, Otsego county, N. Y., and has been for about two years last past, and is now, attorney for the village of Oneonta, jST.
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Appeal from special term, Otsego county. Action by Burr Mattice against Henry Wilcox. The complaint alleged: “Since September, 1879, he has been an attorney and counselor at law, engaged in the business of his profession as a means of livelihood in the village of Oneonta, Otsego county, N. Y., and has been for about two years last past, and is now, attorney for the village of Oneonta, jST. Y. ” It then sets out this publication made by the defendant: “Make Burr Mattice attorney for the village, so that every person that gets spanked on the ice will be able to obtain a judgment of from $1,000…
1Opinion of the CourtHardin, P. J.
Plaintiff, in a plain and concise manner, has stated the facts constituting his cause of action. Section 535 provides that a complaint in an action for libel need not state any extrinsic fact for the purpose of showing tlie application to the plaintiff of the defamatory matter, “but the plaintiff may state generally that it was published or spoken against him.” We think it was permissible to the plaintiff to demur to the second count of the defendant’s answer. Section 494 of the Code provides, viz.: “The plaintiff may demur to a counter-claim or a defense consisting of new matter contained in…
2Cases cited6 opinions
- Sanderson v. . CaldwellNew York Court of Appeals · 1871
- Thompson v. . HalbertNew York Court of Appeals · 1888
- Fidler v. DelavanNew York Supreme Court · 1838
- Kingsbury v. . Bradstreet Co.New York Court of Appeals · 1889
- Sterling v. SherwoodNew York Supreme Court · 1822
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Mattice v. WilcoxNew York Supreme Court · 1893