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1 Wright 47

Newbraugh v. Curry

Ohio Supreme Court

Decided April 15, 1832

Ohio Supreme Court · decided 1832-04-15

Libel. The declaration contains two counts. The 1st. For publishing in the Ohio Sun a libel upon the plaintiff and his occupancy of the jail of the county, as follows: “But Mr. New*braugh became an applicant, and on being told that he was [48 in low circumstances, and, as I then thought, honest, I admitted him to occupy the jail.” 2d. For publishing in the same paper of the plaintiff, and of the renting of the jail by the defendant to the plaintiff: “He has put the seal of…

Decided 1832-04-15

BY THE COURT.

¶1The rule has been uniformly adhered to in this Court, that when words are written andpublished, whatever tends to disgrace the accused, lessen him in the eye of community, or to provoke a breach of the peace, will support an action. The words declared upon are doubtless of that character. But it is said one of the counts is bad, and so the demurrer must be sustained. The rule is, that where there are several counts, and any one is good, a general demurrer to the whole will be overruled. 1 Ch. Pl. 577.

¶2We think one of the counts substantially good, and need give no opinion as to the other.

¶3The demurrer is overruled. Leave was afterwards given to withdraw the demurrer and plead.

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