Legal Opinion

Gandia v. Pettingill

Supreme Court of the United States

Decided January 9, 1912No. 97PublishedCited by 18 opinions

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR PORTO RICO. The facts are stated in the opinion. It was error in law on the part of the trial judge to refuse to permit counsel for defendant below to state, while the jury was yet at the bar, his exceptions to such portions of the court’s instructions to the jury as seemed to him to be objectionable either in matter of law or in matter of fact.

Read the full summary

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR PORTO RICO. The facts are stated in the opinion. It was error in law on the part of the trial judge to refuse to permit counsel for defendant below to state, while the jury was yet at the bar, his exceptions to such portions of the court’s instructions to the jury as seemed to him to be objectionable either in matter of law or in matter of fact. Phelps v. Mayer, 15 How. 160; United States v. Breitling, 20 How. 252; Dredge v. Forsyth, 2 Black, 563, 564; Bram v. United States, 168 U. S. 532, 571. The rule has been frequently reiterated and…

1Opinion of the Court

Mr: Justice Holmes

delivered the opinion of the court.

This is an action for libels and comes here upon a bill of exceptions after a verdict for the plaintiff. The alleged libels consist of a series of articles in a Porto Rican news paper, La Correspondencia. These articles stated that the plaintiff, Pettingill, while United States Attorney for Portó Rico, carried on a private practice also, and even acted as a lawyer on behalf of persons bringing suit against the Government of Porto Rico. It seems that, if the plaintiff had been ah officer of the local government, he would have been forbidden…

2Cases cited2 opinions

  1. United States v. BreitlingSupreme Court of the United States · 1858
  2. Phelps v. MayerSupreme Court of the United States · 1854

3Cited by18 opinions

  1. Balzac v. Porto RicoSupreme Court of the United States · 1922
  2. Hoeppner v. Dunkirk Printing Co.New York Court of Appeals · 1930
  3. Golden North Airways, Inc., a Corporation v. Tanana Publishing Company, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1955
  4. McClung v. Pulitzer PublishIng Co.Supreme Court of Missouri · 1919
  5. Swearingen v. Parkersburg Sentinel Co.West Virginia Supreme Court · 1943

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API