Cutler v Dixon
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1585 |
| Date | 01 January 1585 |
| Court | Court of the King's Bench |
English Reports Citation: 76 E.R. 886
IN THE KING'S BENCH.
S. C. 3 Leon. 123. 4 Leon. 35. S. C. cited acc. Noy, 102. 1 Bulst. 151. 185. Cro. El. 230. 231. 248. Cro. Jac. 134. 191. 356. 432. Godb. 240. 340. 2 Bulst. 269. 1 Rol. Rep. 61. Palm. 145. 188, 189. 2 Sid. 163. 1 Vent. 25. Mo. 143. 820, 821. 2 Inst. 228. Yelv. 117. March. 76. 77. 1 Saund. 131. (1). 1 Mod. 58. 2 Salk. 417. 2 Burr. 809. 1 Bos. and P. 528. 1 Barn. and A. 244, 5. Bull. N. P. 6. 3 Chit. C. L. 869. Vin. Abr. Actions C. a. pl. 14. Bac. Abr. Libel A. 4. Slander E. See the notes and references infra.
[14 b] cutler v. dixon. Mich. 27 and 28 Eliz. In the King's Bench. 1585. S. C. 3 Leon. 123. 4 Leon. 35. S. C. cited ace. Noy, 102. 1 Bulst. 151. 185. Cro. El, 230. 231. 248. Cro. Jac. 134. 191. 356. 432. Godb. 240. 340. 2 Bulst. 269. 1 Eol. Rep. 61. Palm. 145. 188, 189. 2 Sid. 163. 1 Vent. 25. Mo. 143. 820, 821. 2Inst. 228. Yelv. 117. March. 76. 77. [1 Saund. 131. (1). 1 Mod. 58. 2 Salk. 417. 2 Burr. 809. 1 Bos. and P. 528. 1 Barn, and A. 244, 5. Bull. N. P. 6. 3 Chit. C. L. 869. Vin. Abr. Actions C. a. pi. 14. Bac. Abr. Libel A. 4. Slander E. See the notes and references infra.] No allegation contained in articles of the peace exhibited to justices is actionable, it being a proceeding in the course of justice. It was adjudged, that if one exhibits articles to justices of peace against a certain action, it must be proved; as where words are said to be spoken of one with respect to his office or trade, id. ibid.; but if the words are laid to be spoken before E. F. and others, it is sufficient to prove that they were spoken in the presence of others only, Bull. N. P. 6. Formerly it was held that the plaintiff must prove the words precisely as laid. Bull. N. P. 5. cites 2 Eol. Abr. 718.; but now it is sufficient to prove the substance of them ; and the plaintiff need not prove all the words laid, Campagnon v. Martin, 2 Bl. Rep. 790. Maitland v. Goldney, 2 East, 434; nor is the addition or omission of a word material unless it alter the sense (B. N. P. 6.) and a variation in the order of the words will not vitiate, Rep. t. Hardw. 305, 6. Com. Dig. Action Defamation G. 6. Bac. Abr. Slander S. 1. But proof of words spoken in the third person, will not support a declaration for words spoken in the second, and vice versa, Avarillo v. Rogers, cit. by Buller, J. in Sex v. Berry, 4 T. R. 217. Bull. N. P. 5. Sed vid. Rep. t. Hardw. 306.; nor will words spoken by way of interrogation...
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Greig William Alexander Mitchell v Sheikh Mohamed Bin Issa Al Jaber
...that rule has been established over centuries. She submits that it is plainly a “proceeding in the course of justice” (see Cutler v Dixon 76 E.R. 886) and she took me through the well-known cases to which I have referred above in which the principle was clearly set 83 In what I understood t......
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Darker and Others v Chief Constable of the West Midlands Police
...has been established for centuries. In his submissions to the House Mr. Newman Q.C. cited the judgment of the King's Bench in 1585 in Cutler v. Dixon 4 Co.Rep. 14b, 76 E.R. 886: "It was adjudged, that if one exhibits articles to justices of peace against a certain person, containing divers ......
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...and witnesses, might be equally at fault but immune.15 A rationale that goes back nearly five centuries: Cutler vDixon 4 Co Rep. 14b, 76 ER 886. The trialprocess would be inhibited if police witnesses and potential police witnesses were to be exposed toaction for things said or done by them......
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