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 ProsecutionBaker, Voorhis & Company, 1890 - 848 pages |
From inside the book
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Page 46
... ground of compelling reparation in damages . " ( Prelim . Disc . vii . ) " There must be some certain or probable temporal loss or damage to make words actionable . " This was said of oral words by De Gray , Ch . J. , in Onslow v ...
... ground of compelling reparation in damages . " ( Prelim . Disc . vii . ) " There must be some certain or probable temporal loss or damage to make words actionable . " This was said of oral words by De Gray , Ch . J. , in Onslow v ...
Page 49
... grounds : the daugh- ter , being an infant , could not lawfully contract for her services , therefore the parent could ... ground that the fraud vitiated the contract , and leaves the parent an option to reclaim the daughter's services.1 ...
... grounds : the daugh- ter , being an infant , could not lawfully contract for her services , therefore the parent could ... ground that the fraud vitiated the contract , and leaves the parent an option to reclaim the daughter's services.1 ...
Page 55
... ground upon which this liability for the consequences of an act is placed is , that the law presumes every one to intend the necessary and natural consequences of his acts.1 The phrase , the law presumes , is objectionable . The law ...
... ground upon which this liability for the consequences of an act is placed is , that the law presumes every one to intend the necessary and natural consequences of his acts.1 The phrase , the law presumes , is objectionable . The law ...
Page 65
... ground for distinguishing be- tween the legal and the popular sense of the word , and that it means in its legal sense exactly what it means in its popular sense , namely , a mischiev- ous design or intent to do an injury to an ...
... ground for distinguishing be- tween the legal and the popular sense of the word , and that it means in its legal sense exactly what it means in its popular sense , namely , a mischiev- ous design or intent to do an injury to an ...
Page 70
... grounds of exemption from liability , we find the party is , or is presumed to be , clear of intention or inadvertence ; and ( p . 168 ) the ultimate ground of exemption for ignorance or error of fact is , the absence of unlawful inten ...
... grounds of exemption from liability , we find the party is , or is presumed to be , clear of intention or inadvertence ; and ( p . 168 ) the ultimate ground of exemption for ignorance or error of fact is , the absence of unlawful inten ...
Contents
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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 writing 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.