CHAPTER X.

CORPORATIONS.

Corporations are legal persons-Their rights and duties assimilated to

those of natural persons-Can act only through agents-May carry

on business, sue and be sued, and are liable for injuries committed

by agents-Corporations may have a reputation-Language con-

cerning corporations-Actions by corporations for libel-Corpora-

tions cannot be guilty of slander--May be guilty of libel

469

PART II.

REMEDY BY ACTION FOR THE WRONGS CALLED SLANDER

AND LIBEL.

CHAPTER XI.

PROCEEDINGS IN AN ACTION.

Action, how commenced-Within what time-In what court-Attach-

ment-Holding defendant to bail-Execution against the person-

Security for costs-Consolidating actions-Place of trial-Inspection

and discovery-Assessment of damages where no answer inter-

posed-Mode of trial-Struck jury-Refusing to try-Compromise

-Right to begin-Address of counsel-Reading libel to jury-Evi-

dence for plaintiff-Abandonment of one of several causes of action

or defense-Province of the court and jury-Damages-Verdict—

New trial-Costs-Staying proceedings until costs of former action

paid

CHAPTER XII.

PARTIES.

Question as to parties anticipated-Action by alien-Outlaw-Rebel-

Executors or administrators-Married woman-Husband and wife

-Partners-General rule as to joinder-Action against husband

and wife-Contribution

479

529

CHAPTER XIII.

PLEADING. THE COMPLAINT.

General requisites of a complaint-Complaint for language concerning a

person only-Inducement-Colloquium--Publication-Matter pub-

lished-Innuendo-Special damage-Several counts-Supplemental

complaint

PLEADING. ANSWER. DEMURRER.

The answer corresponds to plea-What it must contain-Plea to part of

a count-Answer of justification must give color, show a lawful oc-

casion, and deny malice-Several answers-Defense of truth must

be pleaded-How pleaded-Where the charge is general-Where

the charge is specific-Certainty in statement of facts-Answer of

justification bad in part, bad altogether-Mitigating circumstances—

Demurrer-Counter-claim

586

CHAPTER XV.

VARIANCE. AMENDMENT.

Allegation of pleading and proof should correspond-Variance in New

York-General rule as to variance-Immaterial variance-Material

variance-Amendment

609

CHAPTER XVI.

EVIDENCE FOR PLAINTIFF.

Proof of publication; of oral publication; of publication in writing; of

its application to plaintiff; of defendant's liability-Opinion of wit-

nesses as to meaning-Proof of inducement; of plaintiff's good

reputation; of malice; to aggravate damages-Falsehood not evi-

dence of malice-Other publications by defendant; subsequent pub-

lications; publication after commencement of action-Defendant's

wealth-Ill-will to plaintiff-Ill-will to plaintiff of persons other than

the defendant-The publication itself evidence of malice-At-

tempted justification an aggravation-Evidence in reply

626

CHAPTER XVII.

EVIDENCE FOR DEFENDANT.

What evidence is admissible depends upon what plea or answer is inter-

posed-What may be proved under the general issue-Evidence to

support a justification-Plaintiff's reputation in issue-Inquiry lim-

ited to plaintiff's general reputation, and to his reputation prior to

the publication complained of-Truth in mitigation-Conduct of

plaintiff leading to belief in truth-Report or suspicion of plaintiff's

guilt in mitigation-Plaintiff's standing and condition in society-

Prior or subsequent declarations of defendant-Heat and passion—

Previous publications by the plaintiff-Controversies between plaint-

iff and defendant prior to the publication-Mitigation-Circum-

stances not admissible in mitigation .

INJUNCTION

661

687

Right of appeal to criminal tribunal-What is malicious prosecution-

Distinction between malicious prosecution and false imprisonment-

Essentials to a cause of action-Prosecution commenced-Termi-

nated in favor of plaintiff-Conviction-Reasonable and probable

cause-Advice of counsel-Not guilt or innocence, but knowledge

and belief of prosecutor, the question-Probable cause a question

of law-Malice-Parties-Pleadings

APPENDIX.

699

WORKS OF REFERENCE.

[For the convenience of those who may desire further information on the subject
of Slander and Libel, we subjoin the following list of publications, to which reference
may be made. These are in addition to the works referred to in the text.]

ADAIR, J. W. "Discussion of the Law of Libel as at present received, in
which its authenticity is examined; with incidental observations on the
legal effect of Precedent and Authority." Pamphlet. London, 1785.
[Ascribed to J. W. Adair.]

AMERICAN ENCYCLOPEDIA, art. Libel.

ANONYMOUS ARTICLES

*

Abuses of the Press.

AND PAMPHLETS; entitled,

Edinburgh Review, April, 1838.

Actions for Defamation. L. J. 6: 457.

Actions for Words not in Themselves Defamatory. L. T. 63: 321.
Wash. L. Rep. 5: 61. Ir. L. T. 11: 469.

Action for being called a Blackleg. Jour. Jur. 2: 593.

A Digest of the Law concerning Libels, containing all the resolutions in
the books on the subject, and many MS. cases, &c., by a gentleman of
the Inner Temple. 4to. London, 1765. To which is added a supple-
ment containing considerable additions, by John Rayner, 1770.
A Letter on Libels and Warrants. (Referred to, I Biographical Anec-
dotes, by Almon, p. 226.)

"Another Letter to Mr. Almon on Matters of Libel." "The position that
it is not material whether the libel be true or false, or whether the person
that made it be of good or ill fame, is a proposition of truth and the pro-
vision of a sanctuary for weak and wicked men, who may be employed
as ministers or judges."

Amendment of Criminal Libel Act. Jour. Jur. 26: 303.

American View of the Law of Defamation. Sol. J. & Rep. 18: 384.
Among the Papyri unearthed from the ruins of Herculaneum is an essay
on Freedom of Speech, by Philodemus. It forms part of a work entitled
"PHILODEMI Пegì 'Pηтogins, ex Herculanensi Papyro restituit, Latine
vertit, et Dissertationibus auxit." [E. GROS, Parisiis: 1840. Publisher.]
Ancient Journalism, American Journalist and Advertiser's Index. Phila.
Vol. 1, No. VI. July, 1872.

We acknowledge our indebtedness for many of these items to Leonard A. Jones'
valuable work: An Index to Legal Periodical Literature. Boston, 1888.

ANONYMOUS ARTICLES, &C.-continued.

Beware Libellers. L. J. 7: 237.

Blasphemous Libel. Man. L. J. 1: 81.

Blasphemy and Blasphemous Libel. The Fortnightly Review, March,

1884.

Can Corporations sue and be sued for libel? Leg. Int. 13: 404; 14: 5.

Character, Defamation; The Medical Practitioner's Legal Guide, London,

1870. [Chapter v, p. 43.]

Charging Clergyman with Drunkenness. Exemplary Damages. Cent. L.

J. 3: 716.

Commissioner's proposed Alterations to Law of Libel. Leg. Obs. 33:

149.

Committee to Consider Law of Libel.

Leg. Obs. 7: 434.
Costs in Actions for Libel. Ir. L. T. 10: 118.

Criminal Proceedings in Private Libel. L. Mag. & Rev. 18: 13.

Criminal Informations for Libel. L. J. 11: 143; 13: 346, 565. Same art.
Ir. L. T. 12: 308, 479. Same art. Wash. L. J. 6: 227. L. T. 55: 177.
Same art. Ir. L. T. 7:51. Alb. L. J. 3: 46. L. T. 50: 54.
Criminal Libel. "Sold himself for $5,000" to support a Candidate.
Charge of Judge T. K. Ramsay. Leg. News, 8: 105.

Criminal Proceedings for Libel. Sol. J. & Rep. 25: 403.

Criminal Responsibility of a Newspaper Proprietor for Libel. L. T. 64;
95. Sol. J. & Rep. 23: 169.

Criticism of Candidates for Public Office. Annotated Case. Cent. L. J.
18: 109.

Cent. L. J. 7: 361.

Dialogue between a country farmer and a juryman, on the subject of libels.
London, 1770. [Attributed to Sir William Jones.]
Discouragement of Private Libel. L. T. 79: 138.
Distinction between Verbal and Written Slander.
Editorial License and the Law of Libel as it affects Newspaper Proprie-
tors, Editors and Publishers. American Journalist and Advertiser's
Index, Phila. Vol. 1, Nos. iv, v, vi, May, June and July, 1872.

Encyclopedia Britannica, supplement; art. Liberty of the Press.

English Law of Libel. Platform Slanderers and Newspaper Libelers.

Dub. Rev. 45; 413.

English Political Satires. London Quarterly Review, April, 1857.

Enquiry into the doctrine lately propagated concerning libels, warrants

and the seizure of papers, with a view to some late proceedings and the

defense of them by the majority upon the principles of law and constitu-

tion, in a letter to Mr. Almon from the Father of Candor. London, 1764.

Pamphlet.

Evidence in Actions of Slander. L. T. 46: 44.

Evidence justifying libel. L. J. 14: 664. Same art. Ir. L. T. 13: 560.

Evidence of defendant's pecuniary standing in Slander.

44, 103.

Alb. L. J. 23:

Evidence of Reputation in Libel. L. J. 17: 449. Same art. Ir. L. T.
16: 436