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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