A Treatise on the Wrongs Called Slander and Libel: And on the Remedy by Civil Action for Those Wrongs, Together with a Chapter on Malicious Prosecution |
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Page xi
... 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 ...
... 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 ...
Page 43
... plea . ( Vin . Abr . tit . Prohibition , D , 5. ) In Ba- con's Abr . tit . Courts Ecclesiastical , D , it is said : " No suit can be institu- ted in an ecclesiastical court for de- famatory words in writing , because they may be the ...
... plea . ( Vin . Abr . tit . Prohibition , D , 5. ) In Ba- con's Abr . tit . Courts Ecclesiastical , D , it is said : " No suit can be institu- ted in an ecclesiastical court for de- famatory words in writing , because they may be the ...
Page 100
... plea , and that the plaintiff could have but one sat- isfaction , but might elect de melioribus damnis.1 § 120. A publication , the act of publishing , must be upon some occasion ( § 50 ) , and must either be voluntary or involuntary ...
... plea , and that the plaintiff could have but one sat- isfaction , but might elect de melioribus damnis.1 § 120. A publication , the act of publishing , must be upon some occasion ( § 50 ) , and must either be voluntary or involuntary ...
Page 111
... plea to make doubtful things clear . A colloquium serves to show that the words were spoken in reference to the matter of the averment An innuendo is explanatory of the subject - matter sufficiently explained before , and it is ...
... plea to make doubtful things clear . A colloquium serves to show that the words were spoken in reference to the matter of the averment An innuendo is explanatory of the subject - matter sufficiently explained before , and it is ...
Page 122
... plea was made and was allowed . I remember , " he says , " at a trial in Kent , where Sir George Rooke was indicted for calling a · gentleman knave ' and ' villain , ' the lawyer for the defendant brought off his client by alleging that ...
... plea was made and was allowed . I remember , " he says , " at a trial in Kent , where Sir George Rooke was indicted for calling a · gentleman knave ' and ' villain , ' the lawyer for the defendant brought off his client by alleging that ...
Other editions - View all
A Treatise on the Wrongs Called Slander and Libel, and on the Remedy by ... John Townshend No preview available - 2015 |
A Treatise on the Wrongs Called Slander and Libel, and on the Remedy by ... John Townshend No preview available - 2015 |
Common terms and phrases
action for libel action for slander alleged libel Asso averment Barb Bennett Bing Blackf Bradstreet Co Brown cause of action character charge common common law complaint court crime criminal Davis declaration defamation defamatory matter defendant defendant's demurrer Dowl Eliz England evidence fact false fendant Fost guilty held actionable held not actionable Holt House of Lords impute indictment injury innuendo intent Iowa Johns Jones jury justice justified King's Bench language concerning Law Jour Law Rep legal excuse letter liable Lord malice malicious prosecution meaning Miller Moore N. Y. St newspaper offense party Penn perjury person plaint plaintiff plea pleaded privileged probable cause proceedings proof prove publication published question Reports reputation slander and libel slander of title slander or libel Smith special damage statute tion trial truth verdict Vict Wend Wilson wrong York
Popular passages
Page 745 - Defendant afterwards, under leave, reserved at the trial, moved for and obtained a rule to show cause why the verdict should not be set aside...
Page 20 - A libel is the malicious defamation of a person, made public by any printing, writing, sign, picture, representation or effigy, tending to provoke him to wrath or expose him to public hatred, contempt or ridicule, or to deprive him of the benefits of public confidence and social intercourse...
Page 20 - Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to. hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.
Page 711 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Page 586 - In the actions mentioned in the last section the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages; and whether he prove the justification or not, he may give in evidence the mitigating circumstances.
Page 105 - Liability of editors and others. Every editor or proprietor of a book, newspaper or serial and every manager of a partnership or incorporated association by which a book, newspaper or serial is issued, is chargeable with the publication of any matter contained in such book, newspaper or serial. But in every prosecution therefor, the defendant may show in his defense that the matter complained of was published without his knowledge or fault and against his wishes, by another who had no authority from...
Page 360 - Nothing is more incumbent upon Courts of Justice, than to preserve their proceedings from being misrepresented ; nor is there anything of more pernicious consequence, than to prejudice the minds of the public against persons concerned as parties in causes, before the cause is finally heard . . . There are three different sorts of contempt.
Page 466 - Every subject has a right to comment on those acts of public men which concern him as a subject of the realm, if he do not make his commentary a cloak for malice and slander. But any imputation of wicked or corrupt motives is unquestionably libellous ; and such appears to be the nature of the publications here.
Page 470 - The term corporations, as used in this article, shall be construed to include all associations and joint-stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue, and shall be subject to be sued, in all courts in like cases as natural persons.
Page 712 - Probable cause is defined as such a state of \facts, in the mind of the prosecutor, as would lead a man of ordinary caution and prudence to believe, or entertain an honest and strong suspicion that the per•son arrested is guilty.