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

Martin L. Newell

Callaghan, 1898 - 1025 pages

Preview this book »

Selected pages

Title Page

Table of Contents

Index

43	xl

A Minnesota Case Blakeman	xli

A BRIEF HISTORICAL REVIEW OF THE LAW OF DEFAMATION	1

Stanhopes Case	3

The Theodosian Code	8

Embezzlement Digest of American Cases Digest of Eng	9

The Difficulties of the Civil	15

The Statutes of Richard	21

Communications Provoked by the Plaintiffs Request or Con trivance	515

The Second Occasion etc Discussed 51	516

Digest of American Cases 51	517

Digest of English Cases	527

Exceptions to the Rule	548

Not Essential that the Report Should be Verbatim	552

Digest of English Cases	553

Partial Reports	554

Digest of English Cases	27

CHAPTER II	30

of Accomplishing the Same Wrong 32 88888	32

CHAPTER IV	42

Illustrations Digest of American Cases	61

Digest of American Cases	74

Words Imputing the Commission of the Offense	80

Distinction between Libel and Slander in England	84

Libels on Merchants and Traders	91

Bigamy The Offense Defined	92

18	97

Smith 8 Blackf 95 101 773	101

Illustrations Digest of American Cases	104

Watering Milk The Charge when Defamatory	108

Digest of English Cases	113

Foshee 3 Iowa 274 133	115

Parties Having a Common Interest	124

Digest of English Cases	130

CHAPTER VII	152

4	154

Illustrations Digest of American Cases	155

Piper 66 Iowa 694 849 861	162

Illustrations Digest of American Cases Digest of English	167

The Subject Illustrated	175

acter	181

29	186

Digest of English Cases	194

276	195

Digest of English Cases	197

Illustrations Digest of American Cases	203

Illustrations Digest of American Cases	209

Slander of Property	212

Digest of English Cases	223

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 Law Stated	241

IllustrationsDigest of English Cases	242

Sale and Delivery of Libelous Compositions	243

The Author of a Slander Not Responsible for Voluntary and Unjustifiable Repetitions	244

IllustrationsDigest of American Cases	245

Digest of English Cases	246

Manner of Sale and Delivery 246a 30 Injunctions Restraining the Publication of Defamatory Matter 246a 31 Illustrations Digest of American Cases 2...	246

Digest of English Cases 2466	246

CHAPTER XIII	247

The Subject Classified	248

The Defamation Must be Apparent	249

Digest of English Cases	250

The Intent Immaterial	253

137	259

26	260

Digest of English Cases	265

First by Adjective Words	266

Illustrations Digest of American Cases Digest of English	270

Illustrations Digest of American Cases	278

Illustrations Digest of American Cases	281

Words Spoken Ironically	286

The Rule Abolished	302

Digest of English Cases	307

Digest of English Cases	314

Malice Defined by Starkie	320

23	324

Repetition of Defamatory Matter Competent to Show Malice	331

Libels on Official Persons and Candidates for Office	333

A Wisconsin Case Temple	337

139	347

CHAPTER XVII	349

Repetition of Slanders Originated by Others	350

A Massachusetts Case Kin ney v McLaughlin 71 Mass 3 An Indiana Case Funk v	351

Digest of American Cases	353

State of the Law in England	354

Lord Northamptons Case	355

The Law in Starkies Time	356

Exceptions to the Rule	357

Illustrations Digest of English Cases	358

CHAPTER XVIII	359

Parties to the Action	360

Digest of American Cases	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

2 As Defendants	370

Bankrupts	371

Digest of English 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

Imputations Relating to the Time of the Commission of	378

Criminal Liability 880	380

Receivers 882 1	382

CHAPTER V	384

28	385

Unnecessary Publicity to be Avoided	387

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

Criticism on Subjects of Public Exhibition	399

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

7 Judicial Proceedings etc	408

General Digest of English Cases	410

Digest of English Cases	411

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	426

Digest of English Cases	427

Privilege of Counsel Discussion of the SubjectMaryland Court of Appeals For Limiting the Privilege to Words Having Reference to the Subjectmatt...	429

Illustrations Digest of American Cases	444

Digest of English Cases	445

Slander Defined	446

A Massachusetts Case Hoar v Wood 44 Mass 193 A New York Case Allen v Cro foot 2 Wend 515	447

Parks 2 Brad Ill 576 805	448

Witnesses	449

The Rule in Starkie	450

Digest of American Cases	458

Digest of English Cases	459

Affidavits 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

Digest of English Cases	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

46	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 English Cases	502

Communications Containing Charges against Public Officers	504

Caution to be Observed in Making Statements	505

Digest of American Cases	506

Digest of English Cases	507

Illustrations Digest of English Cases	508

Communications to Protect Private Interests	509

The Privilege when Not Defeated Intemperate Statements	510

Digest of American Cases	512

Digest of English Cases	513

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

CHAPTER XX	563

CriticismFair 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

Illustrations 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

Intemperate Expressions Exaggerated and Unwarranted	582

Digest of English Cases	583

Illustrations Digest of American Cases	584

Liberty of the Press Not to be Abridged	588

51	590

37	591

Special Inducements as to Professions Trades etc Illustra	593

Statement of the Cause of Action General Digest of Ameri	594

THE SUBJECT ILLUSTRATED	601

The Inducement when Necessary	607

CHAPTER VI	615

Digest of English Cases	627

Privileged Communications Undue Publicity	633

can Cases	640

STATEMENT OF THE DEFENSE 58 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

IllustrationsIts Form at Common Law	666

CHAPTER XXII	667

SLANDER OF PROPERTY 45 Declaration for Words Spoken to a Person about to Hire Plaint iffs Ship that She was Broken and Unfit to Proceed 709	668

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 a Libel on an Attorney	698

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 DEFENSESPLEAS AT COMMON LAW 50 The General Issue Non CulNot 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 LimitationsReplication 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

Illustrations Digest of American Cases	749

EVIDENCE NOT ADMISSIBLE UNDER THE PLEA OF JUSTIFICATION	750

The Natural Order of the Proofs	751

Digest of English Cases	754

Proof of Publication	756

Evidence of Defendants Handwriting	758

Slander Proof of Publication	759

LibelProof 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

Nominal Damages	777

Evidence of Damages	779

Proof that the Special Damage was the Result of the Defend ants Act	780

Illustrations Digest of American Cases	781

cial Damages	782

Digest of English Cases	783

Illustrations Digest of American Cases	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

Illustrations Digest of American Cases	805

54	810

Defendants Proofs General Digest of American Cases	828

Digest of English Cases	830

Digest of English Cases	834

Imputation of Impossible Offenses	837

Retraction Amends and Apologies 907	838

57	846

Special Damages Defined	849

IllustrationsDigest of American Cases	855

Special DamageTraders and Professional Men	865

51	874

Long 10 S R 55	876

Digest of English Cases	882

Division of the Subject	889

Illustrations Digest of American Cases	895

Absence of Malice	901

Koppenheafer 3 S R 255 38 98 103 272	907

Illustrations Digest of American Cases	909

EXCESSIVE DAMAGES 86 Excessive Damages New Trial	910

Must Grossly Exceed what would be Adequate	911

IllustrationsDigest 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 CasesA Contrary Doctrine	932

Exception to the Rule	933

Inadequacy of Damages	935

CHAPTER XXVII	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

Illustrations Digest of American Cases	949

Medical Men Physicians Surgeons Pharmacists	960

Libels Tending to Blacken the Memory of the Dead	965

81	971

Illustrations Digest of American Cases	977

5 For Sending a Libelous Letter	984

Libels on the Dead	985

Fifth by Signs and Gestures	996

The English Cases The General Rules	998

2 Where it is Specially Alleged 752	1003

First Words Obviously Defamatory	1005

114	1008

347	1010

Statement of the Claim under the English Rules The Eng	1016

Communications Provoked by a Partys Misconduct The Right to Defend Ones Character 51	1019

270	1025

Other editions - View all

The Law of Defamation: Libel and Slander in Civil and Criminal Cases as ...
Martin L. Newell
Full view - 1890

The Law of Libel and Slander in Civil and Criminal Cases as Administered in ...
Martin L. Newell
No preview available - 2017

View all »

Common terms and phrases

absolutely privileged accusation action for slander actionable without proof aforesaid alleged attorney averment Barb Bing Blackf Bradstreet Co cause character charging the plaintiff committed common law complained conduct Conn court crime criminal declaration defamation defamatory words defendant defendant's Digest of American Digest of English duty Eliz et ux fact falsely and maliciously felony fendant guilty held Holt Illustrations indictment injure innuendo intended Iowa Johns Jones jury justice larceny letter liable Lord Mass matter meaning Minn N. W. Rep newspaper Odgers offense party Penn perjury person plaintiff plea pleaded privileged communication proof of special prove published punishment reputation rule scandalous slander of title slanderous words Smith special damage star chamber statement statute tion trade trial uttered verdict Wend wife witness words charged Words Imputing words spoken

Popular passages

Page 389 - 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...‎

Appears in 360 books from 1832-2006

Page 608 - 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.‎

Appears in 333 books from 1848-1998

Page 395 - ... 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.‎

Appears in 267 books from 1832-2006

Page 650 - 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.‎

Appears in 395 books from 1803-1998

Page 650 - 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.‎

Appears in 229 books from 1777-1998

Page 723 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...‎

Appears in 441 books from 1803-2008

Page 32 - 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.‎

Appears in 80 books from 1852-2006

Page 455 - ... 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...‎

Appears in 51 books from 1841-2006

Page 437 - 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.‎

Appears in 108 books from 1870-2007

Page 595 - 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...‎

Appears in 79 books from 1809-1980

Bibliographic information

Title	The Law of Libel and Slander in Civil and Criminal Cases: As Administered in the Courts of the United States of America Making of modern law
Author	Martin L. Newell
Edition	2
Publisher	Callaghan, 1898
Length	1025 pages

Export Citation	BiBTeX EndNote RefMan

About Google Books - Privacy Policy - Terms of Service - Information for Publishers - Report an issue - Help - Google Home