Appeal from Special Term, New York County.
Action by William D. Mann against the Press Publishing Company. From a decision made on the trial of the issue of law raised by a demurrer to the second separate defense contained in defendant's supplemental answer, and from the interlocutory judgment entered on the decision, plaintiff appeals. Appeal from the decision dismissed, and interlocutory judgment reversed.
[117 N.Y.S. 780] Albert A. Wray, for appellant.
James W. Osborne, for respondent.
Argued before INGRAHAM, McLAUGHLIN, LAUGHLIN, CLARKE, and SCOTT, JJ.
No appeal lies from a decision of the court. The remedy of the defeated party is to appeal from the judgment entered upon the decision.
This is an action for libel. The defendant is the publisher of a daily newspaper, known as the New York World. The alleged libel consisted in the publication in the issue of that paper on the 10th day of December, 1905, of the following article:
" Great Names Forged in ‘ Fads and Fancies.
" Fac-Simile Signatures of President Roosevelt, Grover Cleveland and Bishop Potter Employed.
" All have Denied Any Connection with Book.
" Col. Mann Declines to Make Any Explanation of Matter to Reporters.
" When Col. Mann, the publisher of Fads and Fancies, sent out solicitors to obtain subscribers at $1,500 upward, he had decided that the book should contain portraits of and reading matter about three distinguished men who were not to be treated as ‘ coons,’ and the following were not asked to pay:
" President Theodore Roosevelt.
" Ex-President Grover ...