Miller v. Brooks
New York Supreme Court
Appeal from special term, Monroe county. Actions by Max. Miller against Harry S. Brooks and others for libel. From an order of the special term vacating an order made at chambers, directing plaintiff to be examined and his deposition taken before trial, pursuant to section 873 of the Code of Civil Procedure, defendants appeal. Affirmed.
1Per curiam
The action is libel. The defense, as foreshadowed in the affidavits, will probably consist of a justification of the charges, and mitigation of damages. As was stated by the learned judge at special term: “It can rarely happen that a necessity can arise for the defendant to examine the plaintiff to enable him to ascertain whether he has a good defense to an action. This is especially so in an action for libel, because a libelous article should be published, if at all, only after careful inquiry has shown it to be true. ” The moving affidavit shows that the primary object of the order is to…
2Cases cited1 opinion
- Strakosch v. Press Publishing Co.New York Supreme Court · 1889
3Cited by2 opinions
- Mutual Reserve Fund Life Ass'n v. PattersonNew York Supreme Court · 1901
- Gray v. BakerNew York Supreme Court · 1893