6 Abb. Pr. 148
Decided March 15, 1858
New York Supreme Court · decided 1858-03-15
A.ppeal from an order requiring the plaintiff’s attorney to receive unverified answers. This was an action for libel. The substance of the complaint (which was verified) is stated in a report of previous proceedings in the case (4 Ante, 446). Two answers were served,—one on behalf of the alleged author of the article complained of, and the other on behalf of the publishers of the newspaper in which it was alleged that the article was published.
Decided 1858-03-15
¶1Davies, J. We are of opinion that under the act of 1854, the defendants are privileged from' verifying these answers. The reasons for this conclusion are very fully given by Mr. Justice Birdseye in the opinion rendered by him at special term. The order appealed from must be affirmed upon those grounds.
¶2Order affirmed, with costs.
¶3 Present, Davies, C. J., Clerke and Sutherland, JJ.