Anonymous (1796) 11 Mod 99
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1796 |
| Date | 01 January 1796 |
| Court | Court of the Queen's Bench |
English Reports Citation: 88 E.R. 921
IN THE QUEEN'S BENCH.
case 156. anonymous. An action for a libd, stating that the defendant dispersed a paper writing, accusing the plaintiff with having said that the war would not end " until the little gentleman, innuendo the Prince of Wales, was restored," is sufficiently certain. An action upon the case was brought for dispersing a paper, accusing a gentleman of saying, " He could see no probability of the war's ending with France, until the little gentleman (a) on the other side the water was restored to his right," innuendo " the Prince of Wales." Holt, Chief Justice. A man may justify in an action upon the case for words, or (a) Reeve v. Malster, Cro. Car. 410. S. C. W. Jones, 631. S. C. 1 Roll. Abr. 614, 624. (J) 1 And. 31. (c) 1 Lev. 172. S. C. 1 Sid. 267. (d) 1 Roll. Abr. 623. (e) He cited Moor, 29. 1 Roll. Ab. 504. Cro. Jac. 100. Co. Lit. 59. 4 Co. 22, 25, 28. 2 Eoll. 383. (a) 2 Atk. 470. 922 MICHAELMAS TERM, 5 QUEEN ANNE. IN B. R. ll MOD. loo. for a libel (b); otherwise in an indictment (c). The innuendo will not make an action upon the case for a libel good, if the matter precedent is not certain, or importing scandal, &c. to the damage of the party (d). If a man is in treaty with a woman to marry, and another tells him she is under a precontract, this does not import a scandal; but yet if it is false, an action will lie...
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