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White Vs. Nicholls

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  • US Supreme Court
  • Jan 01, 1845

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  1. U.S. 266 (1845) U.S. Supreme Court White v. Nicholls
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  2. U.S. 3 How. 266 266 (1845) White v. Nicholls
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  3. may form the basis of an action when spoken of a party in respect of his office, profession, or business. Ayston v. Blagrave
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  4. Str. 617, and 2 Ld.Raym. 1369. Again, in Lumby v. Allday
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  5. than words, which are frequently the offspring of sudden gusts of passion and soon may be buried in oblivion. Rex v. Beau
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  6. man in writing that he had the itch and smelt of brimstone, has been held to be a libel. Per Wilmot, C.J., in Villers v. Mousley
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  7. Wils., 403. In Cropp v. Hilney
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  8. And Bayley, J., declares in McGregor v. Thwaites
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  9. To the same effect are the decisions in 6 Bing. 409, The Archbishop of Tuam v. Robeson
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  10. and in 4 Taunt. 355, Thorley v. Earl
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  11. that matter, or with the situation of the parties, adequate to authorize the conclusion. Thus, in the case of Cockayne v. Hodgkisson
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  12. So in Wright v. Woodgate
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  13. the character of a servant, although this is a privileged communication, it is said by Lord Mansfield in Weatherstone v. Hawkins
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  14. T.R. 110, and by Parke, J., in Child v. Affleck
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  15. in the course of their giving or preferring their complaint, should be deemed actionable, per Lord Eldon in Johnson v. Evans
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  16. and in the case of Hodgson v. Scarlett
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  17. of a full report of such proceedings will constitute a defense in an action for a libel. In the case of Curry v. Walter
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  18. a true report of what passed in a court of justice was not actionable. The same was said by Lord Ellenborough in Rex v. Fisher
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  19. but this same judge in Rex v. Crevy
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  20. S. 273, and Bayley, J., in Rex v. Carlisle
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  21. dissented from this doctrine as laid down in Curry v. Walter
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  22. and by Tindal, C.J., in the case of Delegal v. Highly
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  23. evidence itself must be published. Neither is a publication of a counsel's speech unaccompanied by the evidence. Lewis v. Walker
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  24. Flint v. Pike
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  25. to hear and examine grievances, it was held not to be actionable. Such appears to be the doctrine ruled in Lake v. King
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  26. be controlled and even destroyed by the influence of a single and seemingly anomalous decision. The decision of Lake v. King
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  27. courts. That law is stated by Chancellor Kent citing particularly the authority of Best, J., in the case of Fairman v. Ives
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  28. it can be placed on a ground of greater impunity than they can occupy in another appropriate forum. The case of Lake v. King
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  29. expounded in perfect concurrence with the doctrine given by Chancellor Kent. Thus, in the case of the Commonwealth v. Clap
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  30. In the case of Bodwell v. Osgood
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  31. is to be submitted to the jury upon the face of the libel or publication itself. We refer for this position to Wright v. Woodgate
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  32. to Fairman v. Ives
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  33. Robinson v. May
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  34. id., 247, Bromage v. Prosser
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  35. Blake v. Pilford
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  36. Parmeter v. Coupland
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  37. Thomson v. Shackell
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  38. U.S. Supreme Court White v. Nicholls
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  39. Ayston v. Blagrave
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  40. Lumby v. Allday
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  41. Rex v. Beau
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  42. Villers v. Mousley
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  43. In Cropp v. Hilney
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  44. McGregor v. Thwaites
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  45. The Archbishop of Tuam v. Robeson
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  46. Thorley v. Earl
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  47. of Cockayne v. Hodgkisson
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  48. Wright v. Woodgate
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  49. Weatherstone v. Hawkins
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  50. Child v. Affleck
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