Legal Opinion

People v. Freer

New York Supreme Court

Decided November 15, 1803PublishedCited by 3 opinions

A Bule was granted last term, for the defendant to show cause, on the first day of this, why án attachment should not issue against him for a contempt in publishing some paragraphs in the Ulster Gazette, respecting the trial of Harry Croswell, for a libel on the president, then sub judias.

1Per curiam 1

If the application had been to supply any new fact, and that fact had been made to appear' by affidavit, it would have been attended to; but we cannot enlarge a rule merely to give counsel an opportunity to consider of the propriety of expunging parts of an affidavit, which, we must consider, has been made according to the truth of the case.

Hamilton, in reply.

I cannot subscribe to the doctrine that the court will not look beyond the paper itself This is extending the doctrine of libels. I have heard, that tliere the truth may not be given in evidence, but never yet did I hear that another…

Also in this document: Per curiam 2.

2Cited by3 opinions

  1. In re MerrillNew Jersey Superior Court Appellate Division · 1917
  2. United States v. SheldonMichigan Supreme Court · 1829
  3. United States v. Church of Jesus Christ of Latter Day SaintsUtah Supreme Court · 1889

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