A Treatise on the Wrongs Called Slander and Libel: And on the Remedy by Civil Action for Those Wrongs, to which is Added in this Edition a Chapter on Malicious ProsecutionBaker, Voorhis & Company, 1877 - 823 pages |
From inside the book
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Page 95
... alleged libel will not be stayed by injunction . ' The Court of Star Chamber , which Lord Campbell described as a court of criminal equity ( Emperor of Austria v . Day , 7 Jur . N. S. 483 ) , and which descrip- tion was quoted with ...
... alleged libel will not be stayed by injunction . ' The Court of Star Chamber , which Lord Campbell described as a court of criminal equity ( Emperor of Austria v . Day , 7 Jur . N. S. 483 ) , and which descrip- tion was quoted with ...
Page 96
... alleged libels , but it would seem to be now settled that the courts of equity have not any such jurisdiction . No injunction lies to prevent one alleging that a patent is an infringement of a previous patent . ( See Whitehead v ...
... alleged libels , but it would seem to be now settled that the courts of equity have not any such jurisdiction . No injunction lies to prevent one alleging that a patent is an infringement of a previous patent . ( See Whitehead v ...
Page 123
... alleged to be concerning the person and also concerning the affairs , then the allegation of falsity be- comes material . The approved precedents of pleadings all contain the allegation of falsity , and thus , probably , falsity has ...
... alleged to be concerning the person and also concerning the affairs , then the allegation of falsity be- comes material . The approved precedents of pleadings all contain the allegation of falsity , and thus , probably , falsity has ...
Page 138
... alleged pre- sumption of malice , and raise an alleged presumption of absence of malice , and , as it is said , require the plaintiff to show malice in fact . This very intricate course of procedure arises from erroneously treating , in ...
... alleged pre- sumption of malice , and raise an alleged presumption of absence of malice , and , as it is said , require the plaintiff to show malice in fact . This very intricate course of procedure arises from erroneously treating , in ...
Page 153
... alleged publication.3 $ 110 . The place of publication may be within or without the territorial limits of the State or country within which redress is sought . The decisions , so far as they go , all hold , that as a question of ...
... alleged publication.3 $ 110 . The place of publication may be within or without the territorial limits of the State or country within which redress is sought . The decisions , so far as they go , all hold , that as a question of ...
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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 - 2022 |
Common terms and phrases
action for libel action for slander actionable to say Adol averment Barb Bennett Bing Blackf Brown cause of action character charge complaint court crime criminal declaration defamation defamatory matter defendant defendant's demurrer Denio Dowl Eliz evidence fact false felony fendant Fost guilty held actionable held not actionable Holt on Libel impute indictment injury innuendo intent Johns Jones jury justice justified language concerning Law Jour Law Rep legal excuse liable Lord malice malicious prosecution meaning newspaper occasion offense oral party Penn perjury person plaintiff plea pleaded privileged privileged communication probable cause proceedings proof prosecution prove publication published reputation rule Sandf slander and libel slander of title slander or libel Smith special damage Starkie on Slander statute stealing stolen Thou tion trial truth verdict Wend wife Wilson words spoken writing wrong
Popular passages
Page 733 - 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 79 - 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 436 - 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 criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 350 - 'the proper meaning of a privileged communication is only this : that the occasion on which the communication was made rebuts the inference prima facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove that there was malice in fact — that the defendant was actuated by motives of personal spite or ill-will, independent of the occasion on which the communication was made,' " and Lord Lindley in Stuart v.
Page 705 - 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 597 - 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 554 - In an action for libel or slander, it shall not be necessary to sta-te in the complaint any extrinsic facts for the purpose of showing...
Page 500 - 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 404 - 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 706 - 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.