Legal Opinion

Sipp v. Coleman

U.S. Circuit Court for the District of New Jersey

Decided June 29, 1910PublishedCited by 1 opinion

At Law. Action by George A. Sipp against Mary Coleman. On demurrer to declaration.

1Opinion of the Court

RELLSTAB, District Judge.

This is an action for slander. A demurrer is interposed to the first count, which charges the defendant with having said of the plaintiff:

“This man has been convicted of beating his mother (thereby and then and there meaning that the plaintiff has been and was then and there guilty of a crime, to wit, the crime of assault and battery).”

No special damages are alleged, and the question is whether these words are actionable per se.

These words impute a criminal offense, indictable under the laws ■of the state of New Jersey, and punishable by a fine not exceeding $1,000,…

2Cases cited9 opinions

  1. Pollard v. LyonSupreme Court of the United States · 1876
  2. Birch v. BentonSupreme Court of Missouri · 1858
  3. Pett-Morgan v. KennedySupreme Court of Minnesota · 1895
  4. Leitz v. HohmanSuperior Court of Pennsylvania · 1901
  5. Geary v. BennettWisconsin Supreme Court · 1881

4 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Mosler v. WhelanNew Jersey Superior Court Appellate Division · 1958

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