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
Results 1-5 of 76
Page 9
... proof should correspond - Variance in New York - General rule as to variance - Immaterial variance- Material variance - Amendment 599 620 CHAPTER XVI . EVIDENCE FOR PLAINTIFF . Proof of publication ; of oral publication ; of publication ...
... proof should correspond - Variance in New York - General rule as to variance - Immaterial variance- Material variance - Amendment 599 620 CHAPTER XVI . EVIDENCE FOR PLAINTIFF . Proof of publication ; of oral publication ; of publication ...
Page 72
... proof of special damage . " ( Broom's Com . p . 513 [ 762 ] . ) Words written and published may be actionable which , if spoken , would not be so without special damage . But they must be such as , in the common estimation of mankind ...
... proof of special damage . " ( Broom's Com . p . 513 [ 762 ] . ) Words written and published may be actionable which , if spoken , would not be so without special damage . But they must be such as , in the common estimation of mankind ...
Page 85
... Proof of general bad character - as that term is generally understood and used in society - does not necessarily and legally prove the fact that the witness's character for veracity is bad . ( Gilbert v . Sheldon , 13 Barb . 627 ...
... Proof of general bad character - as that term is generally understood and used in society - does not necessarily and legally prove the fact that the witness's character for veracity is bad . ( Gilbert v . Sheldon , 13 Barb . 627 ...
Page 107
... proof of pecuniary loss , facili- tated a resort to the temporal courts , and , by gradually extending the list of words which were regarded per se as evidence of pecuniary loss , so did those courts extend their jurisdiction . Thus ...
... proof of pecuniary loss , facili- tated a resort to the temporal courts , and , by gradually extending the list of words which were regarded per se as evidence of pecuniary loss , so did those courts extend their jurisdiction . Thus ...
Page 112
... proof of pecuniary loss ; this , however , is only a rule of evidence , and the rule of right remains intact - that a pecuniary loss must be shown to entitle to a remedy . That the rule is so is demonstrated by the case of words to ...
... proof of pecuniary loss ; this , however , is only a rule of evidence , and the rule of right remains intact - that a pecuniary loss must be shown to entitle to a remedy . That the rule is so is demonstrated by the case of words to ...
Contents
53 | |
60 | |
78 | |
82 | |
98 | |
100 | |
105 | |
111 | |
401 | |
405 | |
408 | |
431 | |
443 | |
477 | |
483 | |
490 | |
114 | |
116 | |
133 | |
144 | |
154 | |
166 | |
168 | |
169 | |
174 | |
175 | |
180 | |
197 | |
201 | |
202 | |
208 | |
210 | |
215 | |
216 | |
228 | |
236 | |
242 | |
244 | |
249 | |
253 | |
257 | |
259 | |
263 | |
265 | |
279 | |
280 | |
290 | |
291 | |
300 | |
315 | |
321 | |
327 | |
345 | |
347 | |
351 | |
359 | |
388 | |
501 | |
502 | |
507 | |
513 | |
516 | |
519 | |
521 | |
528 | |
530 | |
535 | |
544 | |
546 | |
551 | |
553 | |
568 | |
570 | |
572 | |
588 | |
599 | |
603 | |
619 | |
620 | |
638 | |
644 | |
658 | |
659 | |
667 | |
672 | |
678 | |
685 | |
688 | |
697 | |
704 | |
706 | |
708 | |
714 | |
721 | |
733 | |
747 | |
749 | |
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.