A Treatise on the Law of Slander and Libel: And Incidentally of Malicious Prosecutions, Volume 2J. and W. T. Clarke, 1830 - Libel and slander |
From inside the book
Results 1-5 of 98
Page 1
... plaintiff , where the general issue has been pleaded , is— 1st . Of special character and extrinsic facts , when they are essential to the action . 2dly . Of the act of speaking the words or pub- lishing the libel . 3dly . Of the truth ...
... plaintiff , where the general issue has been pleaded , is— 1st . Of special character and extrinsic facts , when they are essential to the action . 2dly . Of the act of speaking the words or pub- lishing the libel . 3dly . Of the truth ...
Page 2
... plaintiff avers gene- rally that he filled any particular situation or office , in which he has been calumniated ... plaintiff was , at the time of the alleged injury , a magistrate or peace officer ( ƒ ) , it is sufficient to show that ...
... plaintiff avers gene- rally that he filled any particular situation or office , in which he has been calumniated ... plaintiff was , at the time of the alleged injury , a magistrate or peace officer ( ƒ ) , it is sufficient to show that ...
Page 3
... plaintiff was at the time of the alleged slander a physician , it was necessary to produce a di- ploma ; and the ... plaintiff proved the words , and his having been employed as an attorney in that and other suits . It was objected that ...
... plaintiff was at the time of the alleged slander a physician , it was necessary to produce a di- ploma ; and the ... plaintiff proved the words , and his having been employed as an attorney in that and other suits . It was objected that ...
Page 4
... plaintiff had practised for some years as a physician in the town of Yarmouth ; that Dr. Girdlestone , who was also a physician at Yarmouth , and of longer standing than the plaintiff , had been attending one Richard Helsden as a ...
... plaintiff had practised for some years as a physician in the town of Yarmouth ; that Dr. Girdlestone , who was also a physician at Yarmouth , and of longer standing than the plaintiff , had been attending one Richard Helsden as a ...
Page 5
... plaintiff was entitled to recover without further proof ; and Rooke and Chambre , Justices , conceiving it to be requisite for the plaintiff to prove that he was lawfully authorized to practise . As the court were equally divided , the ...
... plaintiff was entitled to recover without further proof ; and Rooke and Chambre , Justices , conceiving it to be requisite for the plaintiff to prove that he was lawfully authorized to practise . As the court were equally divided , the ...
Other editions - View all
Common terms and phrases
acquitted action admitted affidavit aforesaid afterwards alleged libel appears attorney attorney-general averment blasphemous libel cause and procure character charge committed common law concerning contempt convicted criminal declaration defendant defendant's divers evidence fact false felony fendant granted grievances guilty hand-writing held Holt imprisoned imputed indictment injure innuendos intention Jean Peltier judgment jury King's Bench letter Lord Ellenborough Lord Mansfield Lord the King magistrate Majesty's Majesty's government malicious matter meaning ment mitigation of damages Napoleon Bonaparte newspaper observed offence opinion pamphlet paper party peace perjury person plaintiff plea printing and publishing probable cause proceedings proof prosecution prosecutor prove publication publishing a libel punishable question racter reason Salk scandalous Scandalum Magnatum seditious libel seems shew slander special damage spoken Star Chamber Starkie's statute sufficient Supra tending tion trial unlawfully verdict warrant wickedly worthy subjects writing
Popular passages
Page 413 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Page 355 - ... the Jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue upon such indictment or information...
Page 354 - An Act to remove Doubts respecting the Functions of Juries in Cases of Libel. [AD 1792.] " WHEREAS doubts have arisen whether on the trial of an indictment or information for the making or publishing any libel, where an issue or issues are joined between the king and the defendant or defendants, on the plea of not guilty pleaded, it be competent to the jury impanelled to try the same to give their verdict upon the whole matter in issue...
Page 192 - In contempt of our said Lord the King, in open violation of the laws of this kingdom, to the evil and pernicious example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.
Page 175 - What a crowd of blessings rush upon one's mind, that might be bestowed upon the country in the event of a total change of system ! Of all monarchs, indeed, since the revolution, the successor of George the Third will have the finest opportunity of becoming nobly popular.
Page 116 - May aforesaid, in all actions of trespass, assault and battery, and other personal actions, wherein the judge at the trial of the cause shall not find and certify under his hand upon the back of the record, that an assault and battery was sufficiently proved by the plaintiff against the defendant, or that the freehold or title of the land mentioned in the plaintiff's declaration was chiefly in question...
Page 41 - Upon this evidence, the learned judge left it to the jury to say, whether there was...
Page 344 - But where the act is itself unlawful, as in the case of a libel, the PROOF of justification or excuse lies on the defendant ; and in failure thereof, the law implies a criminal intent.
Page 193 - It is no new doctrine that if a publication be calculated to alienate the affections of the people, by bringing the government into disesteem, whether the expedient be by ridicule or obloquy, the person so conducting himself is exposed to the inflictions of the law.
Page 370 - ... tending to bring into hatred or contempt the Person of his Majesty, his heirs or successors, or the Regent, or the Government and Constitution of the United Kingdom as by law established, or either House of Parliament, or to excite his Majesty's subjects to attempt the alteration of any matter in Church or State as by law established, otherwise than by lawful means...