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A Treatise on the Law of Defamation: With Forms of Pleadings
George Wingrove Cooke
No preview available - 2018
according action affidavit affirmation aforesaid alleged allowed appear apply attorney authority averment brought called cause character charged civil commissioners committed communication concerning conduct consider contained convicted copy costs court criminal damage defamation defamatory defendant delivered directed duties enacted evidence fact false further give given granted guilty held imputation indictment injured intent issue judge judgment jury justice justified King lady laid libel Lord malicious manner matter meaning mentioned necessary newspaper notice occasion offence officer opinion otherwise particular party passed peace person plaintiff plea pleaded present printed printer privileged proceedings proof proprietor prosecution prosecutor prove publication published punishment queen question reason received record refused relating respect rule scandalous Sect signed slander spoken stamp statute sufficient taken thereof thing tion trial true truth verdict whole
Page 171 - ... not material to the merits of the case, " and by which the opposite party cannot have been " prejudiced in the conduct of his action, prosecution,
Page 121 - ... without actual malice and without gross negligence ; and that before the commencement of the action, or at the earliest opportunity afterwards, he inserted in sucb newspaper or other periodical publication a full apology for the said libel ; or, if the newspaper or periodical publication in which the said libel appeared should be ordinarily published at intervals exceeding one week, had offered to publish the said apology in any newspaper or periodical publication to be selected by the plaintiff...
Page 403 - ... the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue...
Page 332 - The declaration concluded thus: "by means of the committing of which said several grievances by the said Defendant as aforesaid, the Plaintiffhad been and was greatly injured in his said good name, fame and credit...
Page 171 - Court or judge shall think reasonable ; and after any such amendment the trial shall proceed, in case the same shall be proceeded with in the same manner in all respects, both with respect to the liability of witnesses to be indicted for perjury and otherwise, as if no such variance had appeared ; and in case such trial shall be had at nisi prius...
Page 384 - Lancaster, unlawfully did set np, keep and maintain a certain lottery, to wit, a littlego, to the great damage and common nuisance of all the liege subjects of our paid Lady the Queen there inhabiting and residing, and to the evil example of all others in the like case offending, and against the form of the statutes in such case made and provided, and against the peace of our said Lady the Queen, her crown and dignity.
Page 376 - ... credit, and to bring him into public scandal, infamy, and disgrace...
Page 121 - ... libel, and such payment into court shall be of the " same effect and be available in the same manner and " to the same extent, and be subject to the same rules " and regulations as to payment of costs and the form " of pleading, except so far as regards the pleading of " the additional facts herein-before required to be " pleaded by such defendant, as if actions for libel had " not been excepted from the personal actions in " which it is lawful to pay money into court...
Page 246 - That when on the trial of any indictment or information for the publication of a libel, under the plea of Not Guilty, evidence shall have been given which shall establish a presumptive case of publication against the defendant by the act of any other person by his authority, it shall be competent to...