The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 34

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...person had made it, it must be so averred: and that an averment in a declaration, that the defendant used slanderous words, must be taken to mean, that he used them as his own words, and as a substantive allegation of his own; and will not be supported by proof, that he used them as the words of another person. To apply the principle of that decision to the present case, if the plea be understood to confess that the words were spoken as those of another person, and not as a direct assertion of the defendant himself, it does not properly confess the matter stated in the declaration: if, on the other hand, the plea be considered as confessing the words to have been used as those of the defendant himself, making a substantive allegation of his own, it does not contain any proper avoidance of the matter so confessed: for if one make such assertion of a slander as his own, it can be no answer, even admitting the latter part of the fourth resolution in Lord No1'tlm.mpt0n's case to be law, if in the same conversation he add that some one else has also said the same thing. In the second place, the plea is bad, because it does not give the plaintiff any cause of action against Woor. It does not state that Woor falsely and maliciously "'spoke the words; and though malice may be implied from words actionable of themselves, still the defendant ought to have stated in the plea, as he must have done in a declaration against Woor, that the words spoken by Woor were false and malicious. But assuming that the plea were not bad for the reasons already mentioned, I am of opinion that the latter part of the fourth resolution in Lord Northampt0n's case cannot be law. In the first place, the 12 Co. Rep. is not a book of any great...show more

Product details

  • Paperback | 300 pages
  • 189 x 246 x 16mm | 540g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236839889
  • 9781236839886