Martin v. Mattison — 8 Abb. Pr. 3

Majority

p. 3

MARTIN a. MATTISON.

Supreme Court, Sixth District; Special Term,

November, 1858.

Headnote

Pleading.—Injuries to Character.

If a complaint containing several causes of action is demurred to, on the ground that the several counts do not state facts sufficient to constitute a cause of action, the demurrer must be overruled unless all the statements are insufficient.

Causes of action for libel, slander, and malicious prosecution in behalf of the people, for a crime, may be joined in one action. They are all injuries to character.

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.

p. 4

The defendant demurred to the complaint upon the following grounds, viz.: 1st. The several counts therein do not state facts sufficient to constitute a cause of action ; 2d. The complaint improperly unites several causes of action for injuries to the person with causes of action for injuries to character, viz., malicious prosecution, libel, and slander; 3d. The first count unites injuries to the person with injuries to character.

S. Kellogg, for plaintiff.

George A. White, for defendant.

The 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.

Prior 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.

Decision accordingly.