Courtney against Glanvil
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 293
IN THE KING'S BENCH.
case 9. jacob against mills. In an action for slander imputing murder, it must be precisely alledged that the person was dead at the time the words were spoken. Ante, 215. 331. Post. 424. S. C. Hob. 6. 1 Boll. Ab. 77. 775. 10 Co. 131. Cro. Eliz. 538. Cro. Car. 327. 262. 1 Com. Dig. 188. On damages severally assessed, but entire judgment given for costs, yet it may be reversed as to the damages. Error of a judgment in the King's Bench, in an action for words spoken at two several times. The defendant pleaded not guilty : it was found against him, and judgment was given for the plaintiff; and several damages being found by the jury, one entire judgment was given for damages and costs: and now the error assigned, that for these words first mentioned, viz. "He hath poisoned J. S. (quendam J. S. adtunc defwnctum innuendo)," and he not averring that he was dead at the time of speaking the words (for "adtunc" refers to the time of the declaration), the action was not maintainable.-And so was the opinion of all the justices and Barons, that the action lay not; and that the judgment was erroneous. But the doubt was, whether it were reversable for the entire, or only quoad the judgment for those words (the damages being severally assessed by the jury, but entire costs and entire judgment given)1?-And they all conceived, that the judgment shall ba reversed only quoad the damages for the words, for which the action lies not, and shall be affirmed quoad the costs and the residue; for all the costs are due, as well where part of the words are found, as where the residue is found. Whereupon the judgment was affirmed quoad part, and reversed quoad the residue.
English Reports Citation: 79 E.R. 294
IN THE KING'S BENCH.
294 EASTER TERM, 12 JAC. 1. IN B. R. CRO.JAC.34t, case 11. courtney against glanvil. The Court of King's Bench will grant a habeas corpus for the purpose of bailing and discharging a prisoner committed to the Fleet by command of the Court of Chancery, for disobeying a decree relating to a subject which had been before adjudged by the common law. Ante, 335. S. C. Moor, 838. 1 Eoll. Rep. 111. 219. 277. 2 Bulst. 301. 3 Bulst. 315. 4 Inst. 3(5. 3 Leon. 18. 3 Inst. 123, 124. Eq. Gas. Abr. 130. Cro. Eliz. 221. 2 Hawk. P. C. 172. 1 Mod. 155. 3 Bl. Com. 54. 1 Bac. Abr. 589. 1 Lev. 241. Glanvil was committed to the Fleet the last day of Michaelmas term, 11...
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