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8 Abb. Pr. 3

Martin v. Mattison

New York Supreme Court

Decided November 15, 1858

New York Supreme Court · decided 1858-11-15

Demurrer to the complaint. The complaint contained statements of four causes of action : one for malicious prosecution in behalf of the people, before a justice of the peace, for a crime; one for libel; and two for slanderous words spoken.

Cited by 1 later decisions — most recently July 1896

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-11-15

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By the Court.—Balcom, J.

¶1The several counts in the complaint are not demurred to separately; therefore, if either count states facts sufficient to constitute a cause of action, the first cause of demurrer is not well assigned. The complaint is very inartificially drawn; but I think one count, at least, does state facts sufficient to constitute a cause of action.

¶2Prior to the Code, counts for slander and malicious prosecution could be joined (Grah. Pr., 2d ed., 96). Blackstone defines injuries affecting reputation to be:—First—Malicious, scandalous, and slanderous words (3 Blackst. Com., 123). Secondly—Printed or written libels, pictures, signs, and the like (Ib., p. 125). Thirdly—Malicious indictments or prosecutions (Ib., p. 126). And I think causes of action for libel, slander, and malicious prosecution in behalf of the people for alleged crime, may be joined under the Code; for they are all injuries to character. (See Code, § 167.) It follows, that the demurrer to the complaint is not well taken. It must, therefore, be overruled, with costs; but the defendant may answer the complaint within ‘twenty days after service on his attorney of a copy of the order overruling the demurrer, on paying the costs occasioned thereby.

¶3Decision accordingly.

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