Orvis v. Dana
New York Court of Common Pleas
Appeals from orders for particulars. Charles B. Orvis sued Charles A. Dana for alleged libel in the publication in the New York Sun, of statements charging plaintiff with commercial frauds, &e. He also sued George Jones and Lewis J. Jennings for the publication in the New York Times of a similar article. Both articles gave numerous particulars.
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Appeals from orders for particulars. Charles B. Orvis sued Charles A. Dana for alleged libel in the publication in the New York Sun, of statements charging plaintiff with commercial frauds, &e. He also sued George Jones and Lewis J. Jennings for the publication in the New York Times of a similar article. Both articles gave numerous particulars. In the first action, defendant’s answer alleged generally the truth of the article in justification, besides matter in mitigation; in the second, defendants justified in detail, alleging also matter in mitigation. In both actions plaintiff moved for…
1Opinion of the Court
By the Court.*—Van Hoesen, J.
On the application of the plaintiff, Judge J. F. Daly, at special term, ordered the defendants, Jennings and Jones, to give a bill of particulars of some of the matters pleaded by them in justification of an alleged libel upon the plaintiff. Afterwards, upon the application of the plaintiff, Judge Vah Brunt, at special term, ordered the defendant, Dana, to give to the plaintiff a similar bill of particulars.
The defendant, Dana, appealed from the order of Judge Vah Brunt, and the plaintiff and the defendants Jones and Jennings, all appealed from the order of Judge…
2Cases cited4 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Wachter v. . QuenzerNew York Court of Appeals · 1864
- True v. PlumleySupreme Judicial Court of Maine · 1853
- Tilson v. ClarkNew York Supreme Court · 1865
3Cited by11 opinions
- Wales Manufacturing Co. v. LazzaroAppellate Terms of the Supreme Court of New York · 1897
- Knipe v. Brooklyn Daily EagleAppellate Division of the Supreme Court of the State of New York · 1905
- Stevens v. WebbNew York Court of Common Pleas · 1883
- Lanphere v. ClarkNew York Supreme Court · 1894
- McCarron v. SireCity of New York Municipal Court · 1888
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