The Law of Libel and Slander in Civil and Criminal Cases: As Administered in the Courts of the United States of America (Google eBook)

Front Cover
Callaghan, 1898 - Libel and slander - 1025 pages
0 Reviews
  

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Laws Inflicting Punishment upon Libelers
13
The Edict of Valentinian and Valens
14
The Difficulties of the Civil Law
15
The Roman Law of Libel
16
The Law of England 14 The Ruins of the Roman Law
18
Under the Norman Kings Bracton
19
In the Year Books
20
The Statutes of Richard
21
Libels of the Star Chamber
23
Justices of the Peace
25
American Law of Defamation 24 History of the American Law Identical with the English Law
26
An Early Colonial Statute
28
CHAPTER IL
30
Defamation Defined and Classified Written Defamation
32
CHAPTER IV
42
Smith 8 Blackf 95 101 773
48
Statement of the Cause of Action General Digest of Ameri
57
Libels on Private Persons
66
Digest of English Cases Barristers Medical Men News
72
Illustrations Digest of American Cases Digest of English
78
Illustrations Digest of American Cases
84
IMPUTATION OF CRIME
90
Words Imputing the Commission of the Offense American Cases English Cases 139
91
Embracery Defined Falsely Charging the Commission of the Offense is Actionable 139
92
The American Rule
97
Extent of the Rule
98
General Illustrations Digest of American Cases 991
99
Digest of English Cases
101
The Substantial Cause of the Action
102
The Doctrine Stated by Judge Cooley
103
Illustrations Digest of American Cases
104
Digest of English Cases
106
Illustrations Digest of American Cases
107
Illustrations Digest of American Cases
108
Imputations Relating to the Time of the Commission of the Crime Charged
109
Digest of English Cases
110
The Imputation May be General Ill 31 Illustrations Digest of American Cases
111
Digest of English Cases
112
Illustrations Digest of American Cases
113
1 Wrongful Taking 2 The Removal 3 The Criminal Intent
114
The Criminal Intent
115
Larceny Restricted to Personal Property Rule of the Com mon Law
117
Import of the Word Steal
118
Words Held Not to Impute the Commission of the Offense American Cases
120
Perjury The Offense Defined
121
False Swearing The Law Illustrated
123
The Colloquium A Substantial Part of the Cause of Action
124
The Offense under Statutes
128
The Moral Effect of the Charge
129
Manslaughter Defined 181
131
Accessory Words Imputing the Offense
132
Arson The Offense Defined 183
133
Attempts to Commit Offenses Illustrations American Cases English Cases
134
American Cases English Cases
135
Blackmailing Statutory Offense
137
mission of this and Kindred Offenses
139
Counterfeiting The Offense Defined
140
Forgery The Offense DefinedCommon Law
141
Gaming Keeping a Gamblinghouse etc The Offense De fined
142
Incest The Offense Defined
143
Words Imputing the Commission of the Offense American Cases English Cases
144
Libel The Offense Defined Examples
145
Words Imputing the Commission of the Offense English Cases
146
Robbery The Offense Defined
147
Sodomy Bestiality Buggery The Crime against Nat ure The Offense Defined
148
Words Imputing the Commission of the Offense American Cases English Cases
149
Soliciting Another to Commit an Offense Definition
150
Subornation of Perjury
151
IMPUTATION OF A WANT OF CHASTITY OR THE COMMISSION OF ADULTERY OR FORNICATION 1 A Result of Statutory Enactments
152
8 Fornication The Offense Defined
153
A Prostitute The Term Defined
154
Certainty of the Imputation
155
Illustrations General Digest of American Cases
156
Harmon 3 Nev 222 824
159
The English Law
163
Exceptions to the Rule
164
Illustrations Digest of English Cases
165
Special Damages under the English Law
166
CHAPTER VIII
167
fession or Trade
168
The Rule Stated by Andrews J
169
Illustrations Digest of American Cases
170
Digest of English Cases
172
The Words Must Touch the Party in His Office Profession or Trade
174
The Subject Illustrated
175
Requisites of the Imputation
176
Illustrations Digest of American Cases
177
Digest of English Cases
179
Meaning of the Terms Actionable per se in Themselves etc Illustrations
181
Imputation of a Want of Special Knowledge
182
Dlustrations Digest of American Cases
183
Attorneys and Solicitors
184
2a Digest of English Cases
185
Barristers
186
Illustrations Digest of American Cases
187
Digest of English Cases
188
Medical Men Physicians Surgeons Pharmacists
189
CHAPTER IX
198
CHAPTER XII
227
What Amounts to a Publication
228
Digest of English Cases
232
Communications by Telegrams Postal Cards etc
233
Digest of English Cases
234
Illustrations Digest of American Cases
235
Digest of English Cases
236
It Publication to Third Persons
237
Illustrations Digest of American Cases
238
Husband and Wife as Third Persons
239
Digest of English Cases
240
The Composer Not Liable Without Publication
241
Illustrations Digest of English Cases
242
Sale and Delivery of Libelous Compositions
243
The Author of a Slander Not Responsible for Voluntary and Unjustifiable Repetitions
244
Illustrations Digest of American Cases
245
Digest of English Cases
245
246a 80 Injunctions Restraining the Publication of Defamatory Matter 246a 81 Illustrations Digest of American Cases 246a
246
3a Digest of English Cases 246b
247
CERTAINTY OF IMPUTATION
247
The Subject Classified
248
a The Defamation Must be Apparent
249
a Digest of English Cases 200
250
Cases
253
Perjury At Common Law Digest of American Cases Under Statutes Digest of English Cases
254
Receiving Stolen Goods Digest of English Cases
256
Illustrations Digest of American Cases
257
The Rule Stated by Chief Justice Shaw
258
Digest of English Cases
259
Illustrations Digest of American Cases
260
Digest of English Cases
261
Indirect Defamation
263
Illustrations Digest of English Cases
264
Illustrations Digest of American Cases
265
The Defamatory Charge How Conveyed
266
Second by a Sentence in the Form of a Question Illustra tions Digest of American Cases
267
Fourth by Repeating Gossip Illustrations Digest of Amer ican Cases
268
Intention Indicated by Signs etc
269
CHAPTER XIV
270
First Words Obviously Defamatory
271
Digest of English Cases
273
Second Words Ambiguous but Susceptible of an Innocent Meaning
274
Illustrations Digest of American Cases
275
Third Meaningless Words Slang Expressions Words in a Foreign Language or Used in Some Local Technical or Customary Sense
276
Words in Foreign Languages
277
Illustrations Digest of American Cases
278
Fourth Words Apparently Innocent but Capable of a Defam atory Meaning Words Spoken Ironically
280
Province of the Court and Jury
281
Digest of English Cases
283
Words Spoken Ironically 2S6 21 IllustrationsDigest of American Cases
286
Digest of English Cases
287
CHAPTER XV
289
The General Rule
290
The Duty of the Court and Province of the Jury 200
291
Digest of English Cases
292
Digest of American Cases
294
Digest of English Cases
295
Blakenian 31 Minn 396
297
Illustrations Digest of American Cases
298
Digest of English Cases
300
The Intent Immaterial
301
The Rule Abolished
302
Progress of the Law
303
Defamatory Words to be Taken in the Sense which Fairly Be longs to Them 804
304
Defamatory Matter to be Taken as a Whole 805
305
Digest of American Cases
307
A Minnesota Case Gribble v
310
Unsettled State of the Law 811
311
CHAPTER XVL MALICE I Malice in Actions fob Defamation 1 Malice as a Term of Law 815
314
Malice in Law A Wider Meaning
318
Consequences of the Distinction 819
319
Malice Defined by Starkie 820
320
By Champlin J 821
321
By Lord Justice Brett
322
IllustrationsDigest of American Cases
323
Privileged Communications
324
IllustrationsDigest of American Cases
325
Digest of English Cases 827
327
Malice Inferred
329
Digest of English Cases
330
Repetition of Defamatory Matter Competent to Show Malice
331
Digest of English Cases
332
Repetition after Suit Brought Generally
333
Digest of English Cases 834
334
Illustrations Digest of American Cases
335
Digest of English Cases
336
A Wisconsin Case Temple ton v Graves 59 Wis 95
337
Digest of American Cases
338
Mode and Extent of Publication 839
339
Illustrations Digest of English Cases
340
Illustrations Digest of American Cases
341
The Method of Communication Employod
342
Illustrations Digest of American Cases
343
Privileged Communications Undue Publicity
344
Illustrations Digest of American Cases 34
345
Plea of Justification When Evidence of Malice
347
The Better Rule
348
Repetition by the Originator Competent to Show Malice 849
349
Digest of English Cases
353
State of the Law in England
354
Lord Northamptons Case
355
The Law in Starkies Time 856
356
Exceptions to the Rule
357
Digest of English Cases
358
CHAPTER XVIII
359
Parties to the Action
360
2 As Defendants
361
The Doctrine Discussed
362
Liability to Indictment
363
Digest of English Cases
364
Slander of the Wife before Marriage
365
2 Words Not Actionable in Themselves
366
The Husbands Liability at Common Law
367
IllustrationsDigest of American Cases
368
Infants 869
369
2 As Defendants
370
Illustrations Digest of American Cases
372
Liability for an Act of a Partner or Agent
373
The English Law
374
Personal Representatives Executors and Administrators
375
Agents and Servants Liability 875
377
Illustrations Digest of American Cases 878
378
Receivers
382
CHAPTER XIX
384
A Maryland Case Henkell v
385
Qualified Privilege 732
386
156 Not Essential that the Report Should be Verbatim 552
388
Every Defamatory Publication Implies Malice Privileged Communications
390
Burden of Proving Malice 891
391
Duty of the Court when the Communication is Privileged
392
Circumstances Determine the Question of Privilege
393
2 Agencies Mercantile etc
401
3 Associations Churches etc
402
4 Attorneys and Counselors at Law etc
404
5 Candidates and Applicants for Public Positions
405
6 Employer and Employee
407
7 Judicial Proceedings etc
408
8 Master and Servant etc
409
General Digest of English Cases
410
Privileged Occasions 15 The Subject Classified
418
The Rule Founded on Public Policy
419
First ClassCommunications in the Course of Legislative Proceedings
420
The Law of England
421
Digest of American Cases
423
The Rule Stated by Justice Lord
424
Extent of the Privilege
425
Illustrations Digest of American Cases
426
Digest of English Cases
427
Privilege of Counsel Discussion of the Subject Maryland Court of Appeals For Limiting the Privilege to Words Having Reference to the Subjectmat...
429
Illustrations Digest of American Cases
444
Digest of English Cases
445
Illustrations Digest of American Cases
446
A Massachusetts Case Hoar v Wood 44 Mass 193 A New York Case Allen v Crc foot 2 Wend 515 447
447
Parks 2 Brad IU 576 805
448
Witnesses
449
The Rule in Starkie
450
Digest of American Cases
458
4a Digest of English Cases
459
Affidavits Pleadings etc The English Rule
460
Digest of American Cases 4fi8
468
Digest of English Cases
470
Publication of the Pleadings before Trial Not Privileged
471
A Michigan Case Park Detroit Tribune Co 1888 40 N W Rep 731
472
Extent of the Rule in America
473
Second the Qualified Privilege The Subject Classified
475
Character of the Duty Cast upon the Party Communicating
476
The Party Must Guard against Exaggerated Expressions
477
Province of the Court and the Jury
478
A Confidential Relation Existing between the Parties
479
Manner of Conveying the Communication
480
8a The General Rule
494
Pertinency of the Answers 49o 90 Illustrations Digest of American Cases
495
Digest of English Cases
496
Confidential Communications Not in Answer to Inquiries
498
Digest of English Cases
499
Communications Relating to the Misconduct of Others and Crimes A Duty Owed to the Public
500
Illustrations Digest of American Cases
501
Digest of English Cases
502
Communications Containing Charges against Public Officers
504
Caution to be Observed in Making Statements
505
Digest of American Cases
506
Digest of English Cases
507
Illustrations Digest of English Cases
508
Communications to Protect Private Interests
509
The Privilege when Not Defeated Intemperate Statements
510
A Michigan Case Smith v
511
Digest of American Cases
512
Digest of English Cases
513
Communications Provoked by the Plaintiffs Request or Con trivance
515
The Second Occasion etc Discussed
516
Digest of American Cases
517
Limitation of the Rule
520
A Minnesota CaBe Quimby v
521
Digest of English Cases
522
Second Class Qualified Privilege 124 Parties Having a Common Interest
523
A Michigan Case Bacon v
525
Digest of American Cases
526
Where there is a Community of Interest
529
Digest of English Cases
531
Exaggerated Expressions Not Privileged
532
Communications Relating to Candidates for Office
533
Qualification and Fitness May be Discussed Not Private Char acter
534
Defamation Concerning Candidates A General Rule
535
Digest of American Cases
537
Digest of English Cases
541
Petition for the Removal of Officers How Far Privileged
542
First Legislative Bodies
543
Second Judicial Proceedings Requisites of the Report
544
Digest of English Cases
546
Exceptions to the Rule
548
Reports of Ex Parte Proceedings and Preliminary Examina tions
549
Digest of English Cases 651
551
Extent of the Privilege
552
Digest of English Cases
553
Partial Reports
554
Illustrations Digest of English Cases
555
Reports to be Confined to the Proceedings
556
Illustrations Digest of American Cases
557
Nominal Damages 889
558
Questions of Practice for Consideration 55S 167 Duty of the Jury
559
Consequences of the Publication
560
Digest of English Cases
561
CRITICISM AND COMMENT
563
1 CriticismFair Comment Made in Good Faith
564
Cockburn C J Lord Ellenborough and Lord Kenyon
566
Criticism Distinguished from Defamation
567
The Right to Publish Fair and Candid Criticism 56s 7 Comment upon Admitted Facts
568
Illustrations Digest of American Cases
569
Digest of English Cases
570
Comments Must be Fair and Honest
571
Illustrations Digest of American Cases
572
Digest of English Cases
574
Matters of Public Interest
575
The Subject Classified
576
Illustrations Digest of American Cases
577
Digest of English Cases
578
Matters Pertaining to the Administration of Public Justice 679
580
Digest of English Cases
581
Matters Relating to the Management of Public Institutions and Local Authorities
582
Digest of English Cases
583
Illustrations Digest of American Cases 684
584
Illustrations Digest of American Cases
587
Matters Concerning the Character and Quality of Public En tertainments
588
Criticism on Subjects of Public Exhibition
589
Digest of English Cases
590
Extent of the Right to Publish the News
591
Who is the Proprietor of a Newspaper
593
PLEADINGS IN CIVIL ACTIONS
594
The Pleadings in Actions of Defamation
595
Illustrations Digest of New York Oases
596
Modification of the Commonlaw System
598
In Florida
599
The Principles of the Common Law
600
The Subject Illustrated 13 First the Title 601
601
Fifth Inducement of the Resulting Effect of Good Character
602
Sixth Statement of Extrinsic Matters Commission of an Offense
603
The Inducement when Necessary
607
The Inducement when Not Necessary
609
Illustrations Digest of American Cases
610
Requisites of the Declaration
638
The General Issue
648
Slander of a Person in His Office Profession or Trade 64fl 62 Words Not Actionable in Themselves
649
Modifications of the Common Law
650
Justification The Plea Truth of Defamatory Words
651
It Must be Specially Pleaded
652
Defamatory Matter Must be Explained by the Innuendoes
653
Libels Containing a Specific Charge
654
Form of the Plea Imputation of Perjury
655
Illustrations Digest of American Cases
656
2 What is a Justification
658
3 What is Not a Justification 0i0
660
General Digest of English Cases
662
Effect of a Failure to Establish the Plea
664
Plea of Justification in Actions for Slander of Title 605
665
Illustrations Its Form at Com mon Law 606
666
CHAPTER XXII
667
Declaration for Words Spoken to a Person about to Hire Plaint iffs Ship that She was Broken and Unfit to Proceed 709
668
Declaration in Slander at Common Law Skeleton Form
670
A General Form at Common Law
671
A Declaration for Words Charging Larceny
672
A Short Form Imputation of Robbery and Larceny
673
fi For Charging the Plaintiff with Swearing Falsely
674
For Words Imputing a Propensity to Commit Sodomy etc
675
For Words Imputing a Want of Chastity
677
For Words Spoken in a Foreign Language
678
For Slander by Question and Answer
679
For Words Spoken Ironically
680
For Words Spoken of a Magistrate in His Office
681
For an Imputation of Insolvency to a Tradesman
682
For an Imputation of a Want of Integrity to a Trader 681
683
For Words Slandering Plaintiff in His Trade Imputation of Keeping False Books
684
Declaration for a Libel at Common Law Indirect Imputa tion of Perjury
686
A Modern English PrecedentLibel Posted in Public Place
689
Character of Servant Imputation of Bad Temper and Lazi ness Another Form
693
For a Libel by Letter Intimating Insolvency
694
For a Libel on a Party in His Trade Imputing Insolvency
695
For a Libel on an Attorney
697
For a Libel by Caricature
698
For a Libel in a Newspaper
699
IIL Libel and Slander 27 Statement of the Claim under the English Rules The Eng lish Procedure Act
700
Character of Servants
701
For Reading a Libel Aloud
702
For a Libel on a Town Clerk
703
For a Libel on an Architect in the Way of His Profession
704
For Words Imputing a Crime
705
For Slander of a Medical Man
706
For Slander of a Trader in the Way of His Trade Special Damages Another Form Particulars of Special Dam ages
707
For Words Imputing Insolvency Special Damages
708
Statement of Claim by Husband and Wife for Slander of Wife
709
The General Issue Non Cul Not Guilty
717
Justification of Charge of Perjury
718
Charge of Insolvency
719
For an Imputation that the Plaintiff had been Guilty of Open ing Letters
721
For an Imputation that the Plaintiff had been Guilty of Per jury in an Answer in Chancery
722
Justification of a Slander of Property
724
A Traverse and an Objection in Point of Law
725
Bill of Particulars
726
Comment on Matters of Public Interest The Same Defense and Replication
727
Innocent Publication of a Libelous Novel
728
Words Spoken in Jest
729
A Justification
730
Justification and Privilege
731
2 Answer to Confidential Inquiries
732
4 Advice to One about to Marry
733
8 Claim of Right and Reply
734
11 Members of the Same Committee
735
13 Vendor and Purchaser
736
15 Report of a Judgment Published as a Pamphlet
737
Statute of Limitations Replication Rejoinder
738
Previous Action
739
Payment into Court
740
Payment into Court and Particulars
741
Notice
742
CHAPTER XXIII
745
When Ordered on Plaintiffs Motion
746
Illustrations Digest of American Cases
747
CHAPTER XXIV
749
The Natural Order of the Proofs
751
Words Spoken of a Person in the Way of LTia Office Profes sion or Trade
754
Proof of Publication
756
Evidence of Defendants Handwriting
758
Slander Proof of Publication
759
Libel Proof of Publication
760
Secondary Evidence
761
Digest of English Cases
762
Proof that the Defamatory Matter Refers to the Plaintiff
767
Proof of the Meaning of Defamatory Matter
768
Words Susceptible of Two Meanings
769
Proof of Malicious Intent
770
Proof of Plaintiffs Good Character
771
Illustrations Digest of American Cases Evidence of Mal ice
772
Digest of English Cases
775
Evidence of Damages
779
Proof that the Special Damage was the Result of the Defend ants Act
780
Dlustrations Digest of American CaseaEvidence of Spe cial Damages
782
Digest of English Cases
783
What is Admissible in Aggravation of Damages
785
Digest of English Cases
787
Defendants Evidence under this Plea
788
Generally what the Defendant May Show under this Plea
790
Dlustrations Digest of American Cases What is Admissi ble under the General Issue
791
Plea of Justification Filed 41 The Plea with the General Issue
794
Justification The Truth a Defense in Civil Actions
795
CHAPTER XXV
830
CHAPTER XXVL
836
Retraction Amends and Apologies 907
838
Digest of English Cases
840
Substantial Damages
841
Exemplary Damages 812
842
The Law Stated by McAllister J
843
An Indiana Case Casey v
844
Assessment of Damages
847
Damages in the Discretion of the Jury
848
Special Damages 16 Special Damages Defined
849
The Rule for Words Not in Themselves Actionablo without Proof of Special Damage
850
Damages Arising from Words Not Actionable in Themselves
851
Second the Damages Must Have Actually Accrued
852
Digest of English Cases
854
Illustrations Digest of American Cases
855
Proof of Special Damages In What Cases Essential
856
Continuing Damages
857
Illustrations Digest of American Cases
858
Digest of English Cases
861
Special Damages Words Actionable in Themselves 803
863
Special Damage Traders and Professional Men
864
Illustrations Digest of American Cases
865
Special Damage Must be Specified in the Statement of the Claim 8G6 40 Statement of the Claim for Special Damages
866
Statement of the Claim Its Requisites
867
Application of the Rule
868
Difficulty of Application 809
869
Digest of American Cases
870
Digest of English Cases
871
Words Imputing a Want of Chastity
872
An Exception
873
Aggravation of Damages 01 What May be Shown in Aggravation of Damages
874
Extrinsic Matters in Aggravation of Damages
875
The Plaintiffs Character Presumed to be Good
876
Extent of Circulation May be Shown
877
The General Rule
878
Digest of American Cases
879
Digest of English Cases
882
What May be Shown in Mitigation of Damages Illustra tions Digest of American Cases
883
What is Not Admissible in Mitigation of Damages Digest of American Cases
887
Division of the Subject
889
Bad Character Must Have Existed Previous to the Alleged Defamation
890
IllustrationsDigest of American Cases
891
Digest of English Cases
893
An Exception to the Rule
894
titrations Digest of American Cases
895
Digest of English Cases
896
Matters Not Amounting to a Justification
897
Illustrations Digest of American Cases
898
Liability of Third Persons
899
Absence of Special Damage
900
Absence of Malice
901
Illustrations Digest of English Cases
902
When Proper in Mitigation of Damages
903
Digest of American Cases
906
Koppenheafer 3 S R 255 38 98 103 273
907
Excessive Damages
910
Digest of English Cases
920
Damages Too Remote
928
Van Dusen 11 Johns 38 657 600794
932
Inadequacy of Damages
935
The Subject Classified 839
936
Libels Tending to Injure the Administration of Public Justice
941
Digest of English Cases
943
Anon 3 How 406 608
944
Libels Tending to Blacken the Memory of the Dead
965
Publication of Libels under the Criminal Law
971
Libels on Individuals
981
g Libels on the Dead
985
Bribery of Voters 187
998
Burglary The Offense Defined 188
999
1 Where it is Generally Alleged 751
1003
Words in Common Parlance 296
1007
Communications Provoked by a Partys Misconduct The Right to Defend Ones Character 519
1019

Common terms and phrases

Popular passages

Page 389 - 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 criminating matter which, without this privilege, would be slanderous and actionable...
Page 608 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on the trial, that it was so published or spoken.
Page 395 - ... the law considers such publication as malicious, unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 650 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief; 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition.
Page 650 - 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 723 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Page 32 - Defamatory words falsely spoken of a person, which impute to the party unfitness to perform the duties of an office or employment of profit, or the want of integrity in the discharge of the duties of such an office or employment. (4.) Defamatory words falsely spoken of a party which prejudice such party in his or her profession or trade. (5.) Defamatory words falsely spoken of a person, which, though not in themselves actionable, occasion the party special damage.
Page 455 - ... the United States, for the reasons therein stated. If the question raised by it is legally before us, and the Court should be of opinion that the facts stated in it disqualify the plaintiff from becoming a citizen, in the sense in which that word is used in the Constitution of the United States, then the judgment of the Circuit Court is erroneous, and must be reversed. It is...
Page 437 - For it is a general principle of the highest importance to the proper administration of justice that a judicial officer, in exercising the authority vested in him, shall be free to act upon his own convictions, without apprehension of personal consequences to himself.
Page 595 - PLEADING is the statement in a logical and legal form of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence...

Bibliographic information