Johnson v. Simonton
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. The facts are stated in the opinion; but it may be added that when the defendants offered Ordinance No. 730 in evidence, their counsel stated that it was offered, not in mitigation of damages, but as a bar to the plaintiff’s right to recover in the action.
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Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. The facts are stated in the opinion; but it may be added that when the defendants offered Ordinance No. 730 in evidence, their counsel stated that it was offered, not in mitigation of damages, but as a bar to the plaintiff’s right to recover in the action. Plaintiff objected, on the grounds that it was irrelevant and incompetent, immaterial, and no justification of the publications; that the ordinance was illegal and void for want of authority in the Supervisors to pass it; and that, if…
1Opinion of the Court
By the Court,
Wallace, C. J.:
This was an action brought against the defendants, proprietors and publishers of the Eaily Evening Bulletin, a newspaper published in the City and County of San Erancisco, to recover damages for the publication in said newspaper of two alleged libels upon the plaintiff. The plaintiff alleges that at the time of the publishing of the libels complained^ of he was engaged in the business of keeping cows, near Black Point, in that city and county, and feeding them upon hay and the slops of a distillery, and selling the milk of these cows for human food.
*245The alleged…
2Cases cited2 opinions
- Jackson v. ShawlCalifornia Supreme Court · 1865
- Ex parte ShraderCalifornia Supreme Court · 1867
3Cited by21 opinions
- Odd Fellows' Cemetery Ass'n v. City & County of San FranciscoCalifornia Supreme Court · 1903
- Levinson v. BoasCalifornia Supreme Court · 1907
- Weeks v. McNultyTennessee Supreme Court · 1898
- Commonwealth v. ParksMassachusetts Supreme Judicial Court · 1892
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
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