Woods v. . Pangburn
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, modifying an order of Special Term which vacated the judgment herein and perpetually stayed all proceedings in the action. The order of General Term vacated the judgment, directed that the first, second and third counts in the complaint be stricken out, and that there be a new trial of the issues upon the fourth and fifth counts.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the second judicial department, modifying an order of Special Term which vacated the judgment herein and perpetually stayed all proceedings in the action. The order of General Term vacated the judgment, directed that the first, second and third counts in the complaint be stricken out, and that there be a new trial of the issues upon the fourth and fifth counts. (Reported below, 14 Hun, 540.) The facts appear sufficiently in the opinion. Each publication of the libel was a distinct cause of action entitling plaintiff to distinct…
1Opinion of the CourtFolger, J.
The plaintiff sued one Ililton for libel, the causes of action being the publication in a newspaper of three several articles, alleged to be defamatory. As a part of the same series, there were published in the same newspaper two other articles, also alleged to be defamatory of the plaintiff. He then brought his action of libel against the defendants in this case ; the causes of action —■ five in all — being the same publications alleged in the action against Hilton, and also the other publications above mentioned.
The action against Hilton was first tried, and a verdict given for the…
2Cases cited2 opinions
- Sheldon v. . CarpenterNew York Court of Appeals · 1851
- Rockwell v. . BrownNew York Court of Appeals · 1867
3Cited by27 opinions
- Dyer v. MacDougallCourt of Appeals for the Second Circuit · 1952
- Burkhardt v. Armour & Co.Supreme Court of Connecticut · 1932
- Cook v. . ConnersNew York Court of Appeals · 1915
- Central of Georgia Railway Co. v. SheftallSupreme Court of Georgia · 1903
- Liquid Veneer Corporation v. SmucklerCourt of Appeals for the Ninth Circuit · 1937
22 more not listed; retrieve them via the Exa API.