The Law of Libel and Slander in Civil and Criminal Cases: As Administered in the Courts of the United States of America

Front Cover
Callaghan, 1898 - 1025 pages
 

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Contents

Laws Inflicting Punishment upon Libelers
13
The Edict of Valentinian and Valens
14
The Difficulties of the Civil Law
15
The Roman Law of Libel
16
THE LAW OF ENGLAND 14 The Ruins of the Roman Law
18
Under the Norman Kings Bracton
19
In the Year Books
20
The Statutes of Richard
21
Libels of the Star Chamber
23
Justices of the Peace
25
AMERICAN LAW OF DEFAMATION 24 History of the American Law Identical with the English Law
26
An Early Colonial Statute
28
CHAPTER II
30
Libel Oral Defamation Slander But Different Methods
32
CHAPTER IV
42
Statement of the Cause of Action General Digest of Ameri
57
What is Not Libelous Illustrations Digest of American
61
The Subject Defined
67
Libels on Merchants and Traders
74
Words Imputing the Commission of the Offense American
80
Libels on Official Persons and Candidates for Office
81
CHAPTER VI
90
Cases English Cases 139
91
Embracery Defined Falsely Charging the Commission
92
Stanhopes Case 4 Smales Case
94
6 Chief Justice Holts Rule Another Rule
95
Buttons Case
96
The American Rule
97
Extent of the Rule
98
General Illustrations Digest of American Cases
99
Digest of English Cases
101
The Substantial Cause of the Action
102
The Doctrine Stated by Judge Cooley
103
Illustrations Digest of American Cases
104
Digest of English Cases
106
Illustrations Digest of American Cases
107
Degree of the Offense Offenses Punishable by Fines etc Only
108
Imputations Relating to the Time of the Commission of the Crime Charged
109
Digest of English Cases
110
The Imputation May be General
111
Digest of English Cases
112
Illustrations Digest of American Cases
113
1 Wrongful Taking 2 The Removal 3 The Criminal Intent
114
The Criminal Intent
115
Larceny Restricted to Personal Property Rule of the Com mon Law
116
Statutory Modifications of the Rule
117
Import of the Word Steal
118
Words Held Not to Impute the Commission of the Offense American Cases
120
Perjury The Offense Defined
121
False Swearing The Law Illustrated
122
Materiality of the Testimony Charged to be False
123
1 Without a Colloquium American Cases English Cases 2 With a Colloquium American Cases
124
General Illustrations Digest of American Cases What is a Court of Competent Jurisdiction Materiality of the Testi mony
126
The Offense under Statutes
128
The Moral Effect of the Charge
129
Manslaughter Defined
131
Words Imputing the Commission of the Offense American Cases
132
Arson The Offense Defined
133
Attempts to commit Offenses Illustrations American Cases English Cases
134
Keeping a Bawdyhouse Illustrations American Cases English Cases
135
Blackmailing Statutory Offense
137
Burglary The Offense Defined 188
138
Cheating The Offense Defined Words Imputing the Com mission of this and Kindred Offenses
139
Counterfeiting The Offense Defined
140
Forgery The Offense Defined Common Law
141
Gaming Keeping a Gamblinghouse etc The Offense De fined
142
Incest The Offense Defined
143
Words Imputing the Commission of the Offense American Cases English Cases
144
Libel The Offense Defined Examples
145
Words Imputing the Commission of the Offense English Cases
146
Robbery The Offense Defined
147
Sodomy Bestiality Buggery The Crime against Nat ure The Offense Defined
148
Words Imputing the Commission of the Offense American Cases English Cases
149
Soliciting another to commit an Offense Definition
150
Subornation of Perjury
151
CHAPTER VII
152
Fornication The Offense Defined
153
A Prostitute The Term Defined
154
Certainty of the Imputation
155
Hlustrations General Digest of American Cases
156
The English Law
163
Exceptions to the Rule
164
Illustrations Digest of English Cases
165
Special Damages under the English Law
166
CHAPTER VIII
167
and Trades
168
The Rule Stated by Andrews J
169
Illustrations Digest of American Cases
170
Digest of English Cases
172
The Words Must Touch the Party in His Office Profession or Trade
174
The Subject Illustrated
175
Requisites of the Imputation
176
Illustrations Digest of American Cases
177
Digest of English Cases
179
Meaning of the Terms Actionable per se in Themselves etc Illustrations
181
Imputation of a Want of Special Knowledge
182
Digest of English Cases
183
Attorneys and Solicitors
184
Digest of English Cases
185
Barristers
186
Illustrations Digest of American Cases
187
Digest of English Cases
188
Medical Men Physicians Surgeons Pharmacists
189
CHAPTER IX
198
Digest of English Cases 488
201
SLANDER OF PROPERTY
203
CHAPTER XII
227
What Amounts to a Publication
228
Digest of English Cases
232
Communications by Telegrams Postal Cards etc
233
Digest of English Cases
234
Illustrations Digest of American Cases
235
Digest of English Cases
236
Publication to Third Persons
237
Illustrations Digest of American Cases
238
Husband and Wife as Third Persons
239
Digest of English Cases
240
The Composer Not Liable Without Publication
241
Illustrations Digest of English Cases
242
Sale and Delivery of Libelous Compositions
243
The Author of a Slander Not Responsible for Voluntary and Unjustifiable Repetitions
244
Illustrations Digest of American Cases
245
Digest of English Cases
246
Manner of Sale and Delivery 246a 30 Injunctions Restraining the Publication of Defamatory Matter 246a 81 Illustrations Digest of American Cases ...
246
Digest of English Cases 2466
246
CHAPTER XIII
247
1 The Subject Classified
248
The Defamation Must be Apparent
249
Digest of English Cases
250
lish Cases
251
Forgery Digest of American Cases Digest of English Cases
252
Murder Digest of American Cases Digest of English Cases
253
Perjury At Common Law Digest of American Cases Under Statutes Digest of English Cases
254
Receiving Stolen Goods Digest of English Cases
256
Illustrations Digest of American Cases
257
The Rule Stated by Chief Justice Shaw
258
Digest of English Cases
259
Illustrations Digest of American Cases
260
Digest of English Cases
261
Indirect Defamation
263
Illustrations Digest of English Cases
264
Illustrations Digest of American Cases
265
The Defamatory Charge How Conveyed
266
Second by a Sentence in the Form of a Question Illustra tions Digest of American Cases
267
Fourth by Repeating Gossip Illustrations Digest of Amer ican Cases
268
Intention Indicated by Signs etc
269
CHAPTER XIV
270
The Defense
271
Digest of English Cases
273
Second Words Ambiguous but Susceptible of an Innocent Meaning
274
Illustrations Digest of American Cases
275
Third Meaningless Words Slang Expressions Words in a Foreign Language or Used in Some Local Technical or Customary Sense
276
Words in Foreign Languages
277
Illustrations Digest of American Cases
278
Fourth Words Apparently Innocent but Capable of a Defam atory Meaning Words Spoken Ironically
280
Province of the Court and Jury
281
Digest of English Cases
283
Words Spoken Ironically 236
286
Illustrations Digest of American Cases
287
CHAPTER XV
289
1 The General Rule
290
The Rule Stated by McAllister P J
291
Digest of English Cases
292
Digest of American Cases
294
Digest of English Cases
295
Words in Common Parlance
296
Blakeman 31 Minn 396
297
Illustrations Digest of American Cases
298
Particular Expressions Spoken Ironically or Otherwise
300
The Intent Immaterial
301
The Rule Abolished
302
Progress of the Law
303
Defamatory Words to be Taken in the Sense which Fairly Be longs to Them
304
Defamatory Matter to be Taken as a Whole
305
A New York Case Dexter v
306
Digest of American Cases
307
Witnesses Not to Give Their Understanding of the Meaning of Defamatory Words
308
A Minnesota Case Gribble v
310
Unsettled State of the Law 811
311
CHAPTER XVL MALICE I MALICE IN ACTIONS FOR DEFAMATION 8 1 Malice as a Term of Law
315
Malice A General Discussion
316
Express Malice Defined
317
The Law Implies Malice when
318
Consequences of the Distinction
319
Malice Defined by Starkie
320
By Champlin J
321
By Lord Justice Brett
322
Illustrations Digest of American Cases
323
Privileged Communications
324
Illustrations Digest of American Cases
325
Digest of English Cases
327
Malice Inferred
329
Digest of English Cases
330
Repetition of Defamatory Matter Competent to Show Malice
331
Digest of English Cases
332
Repetition after Suit Brought Generally
333
Digest of English Cases
334
Former and Subsequent Defamations When Evidence of 89 Illustrations Digest of American Cases
335
Digest of English Cases
336
A Wisconsin Case Temple ton v Graves 59 Wis 95
337
Digest of American Cases
338
Mode and Extent of Publication
339
Illustrations Digest of English Cases
340
Illustrations Digest of American Cases
341
The Method of Communication Employed
342
Illustrations Digest of American Cases
343
Privileged Communications Undue Publicity
344
Illustrations Digest of American Cases
345
Plea of Justification When Evidence of Malice
347
The Better Rule
348
Repetition by the Originator Competent to Show Malice
349
Evidence 270
350
A Massachusetts Case Kin ney v McLaughlin 71 Mass 3 An Indiana Case Funk v
351
Digest of American Cases
352
Digest of English Cases
353
State of the Law in England
354
Lord Northamptons Case
355
The Law in Starkies Time
356
Exceptions to the Rule
357
Digest of English Cases
358
CHAPTER XVIII
359
Parties to the Action
360
2 As Defendants
361
The Doctrine Discussed
362
Liability to Indictment
363
Digest of English Cases
364
Slander of the Wife before Marriage
365
2 Words Not Actionable in Themselves
366
The Husbands Liability at Common Law
367
Illustrations Digest of American Cases
368
Infants
369
1 As Plaintiffs
370
Bankrupts
371
Illustrations Digest of American Cases
372
Liability for an Act of a Partner or Agent
373
The English Law
374
Personal Representatives Executors and Administrators
375
Masters and Principals Liability
376
Acts of Agents and Servants under Instructions etc 877
377
Illustrations Digest of American Cases 878
378
Criminal Liability 880
380
Receivers
382
CHAPTER XIX
384
A Maryland Case Henkell v
385
Illustrations
390
Burden of Proving Malice
391
Duty of the Court when the Communication is Privileged
392
The Law Stated by Chief Justice Bronson
393
2 Agencies Mercantile etc
401
3 Associations Churches etc
402
4 Attorneys and Counselors at Law etc
404
5 Candidates and Applicants for Public Positions
405
6 Employer and Employee
407
Judicial Proceedings etc
408
8 Master and Servant etc
409
10 Public Officers etc
410
PRIVILEGED OCCASIONS 15 The Subject Classified
418
The Rule Founded on Public Policy
419
First Class Communications in the Course of Legislative Proceedings
420
The Law of England
421
Digest of American Cases
423
The Rule Stated by Justice Lord
424
Extent of the Privilege
425
Illustrations Digest of American Cases
426
Digest of English Cases
427
Privilege of Counsel Discussion of the Subject Maryland Court of Appeals For Limiting the Privilege to Words Having Reference to the Subject ma...
429
Illustrations Digest of American Cases
444
Digest of English Cases
445
Illustrations Digest of American Cases
446
A Massachusetts Case Hoar v Wood 44 Mass 193 A New York Case Allen v Cro foot 2 Wend 515
447
Witnesses
449
The Rule in Starkie
450
McElwee 1887 5 S W Rep 602
455
Digest of American Cases
458
Digest of English Cases
459
Affidarits Pleadings etc The English Rule
460
Digest of American Cases
468
Digest of English Cases
470
Publication of the Pleadings before Trial Not Privileged
471
A Michigan Case Park v
472
Extent of the Rule in America
473
Second the Qualified Privilege The Subject Classified
475
Character of the Duty Cast upon the Party Communicating
476
The Party Must Guard against Exaggerated Expressions
477
Province of the Court and the Jury
478
COMMUNICATIONS VOLUNTEERED IN THE DISCHARGE OF A DUTY 69 A Confidential Relation Existing between the Parties
479
Manner of Conveying the Communication
480
Digest of English Cases
481
No Confidential Relation Existing between the Parties
483
Danger of Voluntary Statements
484
Parties Making Statements Must Believe Them
485
Communications Relating to the Character of Servants
490
A Favorable Character May be Retracted
491
Eagerness to Prevent Former Servant from Obtaining Employ ment Evidence of Malice
492
Digest of English Cases
493
The General Rule
494
Pertinency of the Answers
495
Digest of English Cases
496
Confidential Communications Not in Answer to Inquiries
498
Digest of English Cases
499
Communications Relating to the Misconduct of Others and Crimes A Duty Owed to the Public
500
Illustrations Digest of American Cases
501
Digest of American Cases
512
Digest of English Cases
513
Communications Provoked by the Plaintiffs Request or Con trivance
515
The Second Occasion etc Discussed 51
516
Limitation of the Rule
520
A Minnesota Case Quimby v
521
Digest of English Cases
522
Second Class Qualified Privilege 124 Parties Having a Common Interest
523
A Michigan Case Bacon v
524
Digest of American Cases
526
Where there is a Community of Interest
529
Digest of English Cases
531
Exaggerated Expressions Not Privileged
532
Communications Relating to Candidates for Office
533
Qualification and Fitness May be Discussed Not Private Char acter
534
Defamation Concerning Candidates A General Rule
535
Digest of American Cases
537
Digest of English Cases
541
Petition for the Removal of Officers How Far Privileged
542
Illustrations Digest of American Cases
543
Second Judicial Proceedings Requisites of the Report
544
Digest of English Cases
546
Exceptions to the Rule
548
Reports of Ex Parte Proceedings and Preliminary Examina tions
549
Digest of English Cases
551
Not Essential that the Report Should be Verbatim
552
Digest of English Cases
553
Partial Reports
554
Illustrations Digest of English Cases
555
Reports to be Confined to the Proceedings
556
Illustrations Digest of American Cases
557
Questions of Practice for Consideration
558
Duty of the Jury
559
Consequences of the Publication
560
Digest of English Cases
561
CRITICISM AND COMMENT
563
Criticism Fair Comment Made in Good Faith
564
Chief Justice Gray
566
Criticism Distinguished from Defamation
567
The Right to Publish Fair and Candid Criticism
568
Illustrations Digest of American Cases
569
Digest of English Cases
570
Comments Must be Fair and Honest
571
Ilustrations Digest of American Cases
572
Digest of English Cases
574
Matters of Public Interest
575
The Subject Classified
576
Illustrations Digest of American Cases
577
Digest of English Cases
578
Matters Pertaining to the Administration of Public Justice
579
Manner of Publication
580
Digest of English Cases
581
Matters Relating to the Management of Public Institutions and Local Authorities
582
Digest of English Cases
583
Digest of American Cases
584
Digest of English Cases
585
Matters Pertaining to Literary Publications Books Pictures etc
586
Illustrations Digest of American Cases
587
Matters Concerning the Character and Quality of Public En tertainments
588
Criticism on Subjects of Public Exbibition
589
Digest of English Cases
590
Illustrations Digest of English Cases 690
591
Who is the Proprietor of a Newspaper
592
CHAPTER XXI
593
American Cases Digest of English Cases 208
594
The Pleadings in Actions of Defamation
595
Illustrations Digest of New York Cases
596
Modification of the Commonlaw Systein
598
In Florida
599
The Principles of the Common Law
600
THE SUBJECT ILLUSTRATED 13 First the Title
601
Fifth Inducement of the Resulting Effect of Good Character
602
The Inducement Explained
603
The Inducement when Necessary
607
The Inducement when Not Necessary
609
Illustrations Digest of American Cases
610
Seventh Statement of Malicious Intent
612
Eighth the Colloquium
613
McCallum v Lambie 145
614
Ninth the Imputation with the Innuendoes
618
The Office of the Innuendo
619
The Law Stated by Chief Justice Shaw
620
Truth of the Innuendo a Question for the Jury
628
The Plaintiff Must Abide by His Innuendo
629
It Cannot Restrict the Defendants Rights The Defense Must be as Broad as the Attack
630
Form of the Second Count
632
Illustrations Digest of American Cases
633
Eleventh the Ad Damnum
634
Loss of Acquaintances An Old English Prece dent An American Form English Modern Forms Words Actionable in Themselves Imputation of Insolv...
635
Defamatory Words Spoken in a Foreign Language
637
STATEMENT OF THE CLAIM IN ACTIONS FOR SLANDER OF TITLE 53 Requisites of the Declaration
638
Statement of Special Damages
639
The General Issue
648
Slander of a Person in His Office Profession or Trade
649
Modifications of the Common Law
650
Justification The Plea Truth of Defamatory Words
651
It Must be Specially Pleaded
652
Defamatory Matter Must be Explained by the Innuendoes
653
Libels Containing a Specific Charge
654
Form of the Plea Imputation of Perjury
655
Illustrations Digest of American Cases
656
2 What is a Justification
658
3 What is Not a Justification
660
General Digest of English Cases
662
Effect of a Failure to Establish the Plea
664
Plea of Justification in Actions for Slander of Title
665
Illustrations Its Form at Common Law
666
CHAPTER XXII
667
Declaration in Slander at Common Law Skeleton Form
670
A General Form at Common Law
671
A Declaration for Words Charging Larceny
672
A Short Form Imputation of Robbery and Larceny
673
For Charging the Plaintiff with Swearing Falsely
674
For Words Imputing a Propensity to commit Sodomy etc
675
For Words Imputing a Want of Chastity
677
For Words Spoken in a Foreign Language
678
For Slander by Question and Answer
679
For Words Spoken Ironically
680
For Words Spoken of a Magistrate in His Office
681
For an Imputation of Insolvency to a Tradesman
682
For an Imputation of a Want of Integrity to a Trader
683
For Words Slandering Plaintiff in His Trade Imputation of Keeping False Books
684
LIBEL 18 Declaration for a Libel at Common Law Indirect Imputa tion of Perjury
686
A Modern English Precedent Libel Posted in Public Place
689
Character of Servant Imputation of Bad Temper and Lazi ness Another Form
691
For a Libel by Letter Intimating Insolvency
694
For a Libel on a Party in His Trade Imputing Insolvency
695
For a Libel on an Attorney
697
For a Libel by Caricature
698
For a Libel in a Newspaper
699
IIL LIBEL AND SLANDER 27 Statement of the Claim under the English Rules The Eng lish Procedure Act
700
Character of Servants
701
For Reading a Libel Aloud
702
For a Libel on a Town Clerk
703
For a Libel on an Architect in the Way of His Profession
704
For Wotds Imputing a Crime
705
For Slander of a Medical Man
706
For Slander of a Trader in the Way of His Trade Special Damages Another Form Particulars of Special Dam ages
707
For Words Imputing Insolvency Special Damages
708
Statement of Claim by Husband and Wife for Slander of Wife
709
For a Libel on Goods Manufactured by Another Pleas Replication Joinder in Demurrer Interrogatories
710
SLANDER OF TITLE 47 Declaration at Common Law For Procuring a Third Person to Attend a Public Auction Room and Slander Plaintiffs Title
713
Slander of Title to Goods Statement of Claim Defense
714
For a Libel in the Nature of Slander of Title
716
STATEMENT OF DEFENSES PLEAS AT COMMON LAW 50 The General Issue Non Cul Not Guilty
717
Justification of Charge of Perjury
718
Charge of Insolvency
719
For Sending a Letter to CommanderinChief in order that the Plaintiff Might be Brought to a Courtmartial
721
For an Imputation that the Plaintiff had been Guilty of Per jury in an Answer in Chancery
722
Justification of a Slander of Property
724
A Traverse and an Objection in Point of Law
725
Bill of Particulars
726
Comment on Matters of Public Interest The Same Defense and Replication
727
Innocent Publication of a Libelous Novel
728
Words Spoken in Jest
729
A Justification
730
Justification and Privilege
731
Qualified Privilege
732
4 Advice to One about to Marry
733
8 Claim of Right and Reply
734
11 Members of the Same Committee
735
13 Vendor and Purchaser
736
15 Report of a Judgment Published as a Pamphlet
737
Statute of Limitations Replication Rejoinder
738
Previous Action
739
Payment into Court
740
Payment into Court and Particulars
741
Notice
742
Interrogatories and Answer
743
CHAPTER XXIII
745
When Ordered on Plaintiffs Motion
746
Illustrations Digest of American Cases
747
When the Proof is Unnecessary
749
CHAPTER XXIV
751
Words Spoken of a Person in the Way of His Office Profes sion or Trade
754
Proof of Publication
756
Evidence of Defendants Handwriting 708
758
Slander Proof of Publication
759
Libel Proof of Publication
760
Secondary Evidence
761
Digest of English Cases
762
Proof that the Defamatory Matter Refers to the Plaintiff
767
Proof of the Meaning of Defamatory Matter
768
Words Susceptible of Two Meanings
769
Proof of Malicious Intent
770
Proof of Plaintiffs Good Character
771
Illustrations Digest of American Cases Evidence of Mal ice
772
Digest of English Cases
775
Evidence of Damages
779
Proof that the Special Damage was the Result of the Defend ants Act
780
Illustrations Digest of American Cases Evidence of Spe cial Damages
781
Digest of English Cases
783
What is Admissible in Aggravation of Damages
785
Digest of English Cases
787
Defendants Evidence under this Plea
788
Generally what the Defendant May Show under this Plea
790
Illustrations Digest of American Cases What is Admissi ble under the General Issue
791
PLEA OF JUSTIFICATION FILED 41 The Plea with the General Issue
794
Justification The Truth a Defense in Civil Actions
795
Evidence of Slanders Uttered by Defendant against Third
813
CHAPTER XXV
830
CHAPTER XXVI
836
Retraction Amends and Apologies 907
838
Nominal Damages
839
Digest of English Cases
840
Substantial Damages
841
Exemplary Damages 812
842
The Law Stated by McAllister J
843
An Indiana Case Casey v
844
Assessment of Damages
847
Damages in the Discretion of the Jury
848
SPECIAL DAMAGES 16 Special Damages Defined
849
The Rule for Words Not in Themselves Actionable without Proof of Special Damage
850
Damages Arising from Words Not Actionable in Themselves
851
Second the Damages Must Have Actually Accrued
852
Digest of English Cases
854
Illustrations Digest of American Cases
855
Proof of Special Damages In What Cases Essential
856
Continuing Damages
857
Illustrations Digest of American Cases
858
Digest of English Cases
861
Special Damages Words Actionable in Themselves
863
Special Damage Traders and Professional Men
864
Slander of Title of Letters Patent Copyrights and Trade
865
Special Damage Must be Specified in the Statement of the Claim
866
Statement of the Claim Its Requisites
867
Application of the Rule
868
Difficulty of Application
869
Digest of American Cases
870
Digest of English Cases
871
Words Imputing a Want of Chastity
872
An Exception
873
AGGRAVATION OF DAMAGES 61 What May be shown in Aggravation of Damages
874
Extrinsic Matters in Aggravation of Damages
875
The Plaintiffs Character Presumed to be Good
876
Extent of Circulation May be Shown
877
The General Rule
878
Digest of American Cases
879
Digest of English Cases
882
What May be Shown in Mitigation of Damages Illustra tions Digest of American Cases
883
What is Not Admissible in Mitigation of Damages Digest of American Cases
887
Division of the Subject
889
First General Bad Character of the Party Defamed
890
Illustrations Digest of American Cases
891
Digest of English Cases
893
An Exception to the Rule
894
Illustrations Digest of American Cases
895
Digest of English Cases
896
Matters Not Amounting to a Justification
897
Liability of Third Persons
899
Absence of Special Damage
900
Absence of Malice
901
Illustrations Digest of English Cases
902
When Proper in Mitigation of Damages
903
Digest of American Cases
906
Illustrations Digest of American Cases
909
EXCESSIVE DAMAGES 86 Excessive Damages New Trial
910
Must Grossly Exceed what would be Adequate
911
Illustrations Digest of American Cases Amounts Held Not Excessive
912
Digest of English Cases
920
Amounts Held to be Excessive
924
REMOTENESS OF DAMAGES 91 Damages Too Remote
926
Digest of English Cases
928
The Defamatory Words Must be the Predominating Cause of the Damage Claimed
929
Acts of Third Persons
930
Digest of English Cases
931
Digest of English Cases A Contrary Doctrine
932
Exception to the Rule
933
Inadequacy of Damages
935
The Subject Classified 839
936
The Criminal Libel Defined
937
The Offense when Committed
939
The Subject Classified
940
Libels Tending to Injure the Administration of Public Justice
941
Digest of English Cases
943
Blasphemy
944
Heresy
946
Distinction between Heresy and Blasphemy
947
The English Law of Blasphemy
948
Illustrations Digest of English Cases
956
The American Law of Blasphemy
960
Illustrations Digest of American Cases
961
Liberty of the Press Not to be Abridged
962
Illustrations Digest of American Cases
963
CLASS III
965
Illustrations Digest of English Cases
966
The Grounds upon which They are Indictable 1 Breach of the Peace
967
2 Other Illegal Acts
968
Oral Defamation
970
Publication of Libels under the Criminal Law
971
CHAPTER XXVIII
972
The IndictmentIts Formal Parts
974
2 The Statement and Conclusion
976
Illustrations Digest of American Cases 949
977
Libels on Individuals
981
2 For Publishing a Libel Imputing the Crime of Theft
982
3 The Same Modified for Use in American Courts
983
5 For Sending a Libelous Letter
984
7 For Posting up a Handbill
985
2 Where it is Specially Alleged 752
1003
Communications Provoked by a Partys Misconduct The Right to Defend Ones Character 51
1019

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Page 391 - A communication made bona fide upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty, is privileged, if made to a person having a corresponding interest or duty, although it contain criminating matter which, without this privilege, would be slanderous and actionable...
Page 610 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on the trial, that it was so published or spoken.
Page 397 - ... the law considers such publication as malicious, unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 652 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief; 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition.
Page 652 - 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 725 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Page 34 - Defamatory words falsely spoken of a person, which impute to the party unfitness to perform the duties of an office or employment of profit, or the want of integrity in the discharge of the duties of such an office or employment. (4.) Defamatory words falsely spoken of a party which prejudice such party in his or her profession or trade. (5.) Defamatory words falsely spoken of a person, which, though not in themselves actionable, occasion the party special damage.
Page 457 - ... the United States, for the reasons therein stated. If the question raised by it is legally before us, and the Court should be of opinion that the facts stated in it disqualify the plaintiff from becoming a citizen, in the sense in which that word is used in the Constitution of the United States, then the judgment of the Circuit Court is erroneous, and must be reversed. It is...
Page 439 - For it is a general principle of the highest importance to the proper administration of justice that a judicial officer, in exercising the authority vested in him, shall be free to act upon his own convictions, without apprehension of personal consequences to himself.
Page 597 - PLEADING is the statement in a logical and legal form of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence...

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