Huysman v. Evening Star Newspaper Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a judgment on a verdict directed by the court in an action for libel. The Court in its opinion stated the case as follows: The appellant, Theodore Iiuysman, as plaintiff, on April 26, 1886, filed in the Supreme Court of the District of Columbia, his declaration at common law against the appellee, The Evening Star Newspaper Company, as defendant, a corporation in the District, for an alleged libel published by it in the Evening Star…
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Hearing on an appeal by the defendant from a judgment on a verdict directed by the court in an action for libel. The Court in its opinion stated the case as follows: The appellant, Theodore Iiuysman, as plaintiff, on April 26, 1886, filed in the Supreme Court of the District of Columbia, his declaration at common law against the appellee, The Evening Star Newspaper Company, as defendant, a corporation in the District, for an alleged libel published by it in the Evening Star newspaper. There was no summons issued under the declaration, no service of any process upon the defendant, and, of…
1Opinion of the CourtJustice Morris
The only question that is here submitted for our consideration is, whether, upon a cause of action which seems to have accrued, if it accrued at all, on April 22, 1886, the running of the statute of limitations is arrested by the mere filing of a declaration four days thereafter in the office of the clerk of the Supreme Court of the District, without the issue or service of any process whatever to bring the defendant before the court, and without any appearance by the •defendant, and without any steps whatever of any kind taken in the cause for upwards of nine years, when a new declaration…
2Cases cited2 opinions
- Amy v. WatertownSupreme Court of the United States · 1889
- Maddox v. HumphriesTexas Supreme Court · 1867
3Cited by6 opinions
- Varela v. Hi-Lo Powered Stirrups, Inc.District of Columbia Court of Appeals · 1980
- Maier v. Independent Taxi Owner's Ass'nCourt of Appeals for the D.C. Circuit · 1938
- Criterion Insurance Company v. LylesDistrict of Columbia Court of Appeals · 1968
- Hall v. CafritzDistrict of Columbia Court of Appeals · 1979
- Branham v. JohnsonCourt of Appeals for the D.C. Circuit · 1936
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