Clinton v. Croswell — 1 Cole. & Cai. Cas. 398

Majority

p. 398

De Witt Clinton v. Mackay Croswell.

Headnote

THIS was an action for publishing a libel.

Hopkins,

on the common affidavit moved to change the venue from the city and county of New-York, to the county of Greene.

Hiker, contra,

read an affidavit by the plaintiff, stating, that he resides in New- York, and that the suit was brought for the publication of a libel, in a newspaper, published in the county of Greene, by the defendant, and which he saw exposed to the view of many persons in this city, and that the plaintiff verily believed the defendant was the editor or printer of the said paper. On these facts it was insisted, that the affidavit of the cause of action arising wholly in the county of Greene, was not correct, because, wherever the paper circulated a right of action accrued. It was contended to be of more importance to

p. 399

an individual to protect his character against libels disseminated in the place of his residence, than in a remote part where he might be scarcely known.—■ Therefore, in Pinkney v. Collins, 1 D. & E. 571. the court refused to change the venue from the place where the libel xvas circulated, to that xvhere printed.

There is no ground for the application. The defendant can take nothing by his motion, and must pay costs to the plaintiff.