Thorn v. Blanchard
Court for the Trial of Impeachments and Correction of Errors
THIS cause came before the court, on a writ of error from the supreme court. The present defendant in' error brought an action for a libel, in the court below, against the plaintiff in error, ° 1 The declaration stated, that whereas the said Anthony , ,, , . - is, &c. yet the said Stephen, well knowing the premises,. but contriving, and wickedly and maliciously intending t0 injure the said Anthony, in his aforesaid good name, barne, credit and reputation, and to bring him…
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THIS cause came before the court, on a writ of error from the supreme court. The present defendant in' error brought an action for a libel, in the court below, against the plaintiff in error, ° 1 The declaration stated, that whereas the said Anthony , ,, , . - is, &c. yet the said Stephen, well knowing the premises,. but contriving, and wickedly and maliciously intending t0 injure the said Anthony, in his aforesaid good name, barne, credit and reputation, and to bring him into public scandal, infamy and disgrace amongst his neighbours and others, the good citizens of this state, and to cause…
1Opinion of the Court
The Chancellor.
This cause comes up on a writ of error from the supreme court.
It presents the question, whether a petition to the council of appointment, containing false allegations, and praying the removal of a public officer, is good cause of action, as for a libel.
This question is novel, of much interest and importance, and well merits a fuller consideration than the present occasion affords.
There is no question, as to the form of pleading. Whether a petition containing allegations true or false, (for here they are to be taken as false,) addressed and presented to the council of…
2Cited by20 opinions
- Pecue v. . WestNew York Court of Appeals · 1922
- Johnson v. BrownWest Virginia Supreme Court · 1878
- Root v. King & VerplanckNew York Supreme Court · 1827
- Schultz v. StraussWisconsin Supreme Court · 1906
- Sheridan v. CrisonaNew York Court of Appeals · 1964
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