3 Johns. 144
Decided February 15, 1808
New York Supreme Court · decided 1808-02-15
THIS was an action for a libel. Rudd,, in behalf of the defendant, moved for leave to strike out the notice annexed to the plea of not guilty. observed, that he had no objection to the granting of the motion, if the defendant would make affidavit of the falsity of the facts stated in the notice, which he said was far more libellous than the publication complained of in the plaintiff’s declaration; otherwise, he contended, the whole ought to appear on the record, that a jury…
Cited by 2 later decisions — most recently January 1881
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1808-02-15
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¶1We are not disposed to countenance this mode of pleading, unless it be done in good faith. If done wantonly, and for the purpose of experiment, it ought not to be suffered. Unless the defendant will state upon the record, or make affidavit, that the charges contained in the notice are groundless, the motion must be denied.
¶2Rule refused.