Trotman v Dunn

JurisdictionEngland & Wales
Judgment Date17 June 1815
Date17 June 1815
CourtHigh Court

English Reports Citation: 171 E.R. 67

KING'S BENCH AND COMMON PLEAS

Trotman
and
Dunn

Referred to, Seaman v Netherclift, 1876, 2 C. P. D. 53.

[211] Adjourned Sittings at Westminster. Saturday, June 17, 1815 tbotman v dunn (Where A. having summoned B., his master, before a Court of Conscience for wages, B there utters words imputing felony to A -if this charge be necessary to B.' defence no action can be maintained against him by A. for defamation. Aliter, if the words are spoken maliciously, though addressed to the Court ) [Referred to, Seaman v NethercUfl, 1876, 2 C. P. D. 53.] Action for saying of the plaintiff " He has been transported before, and ough to be transported again. He has been robbing me of nine quartern loaves a week.'" Fleas, the general issue, and a justification that the words were true It was allowed that the plaintiff had been formerly convicted at the Old Bailey, and transported for seven years On his retmrn he had served ^the defendant as a journeyman baker, and was suddenly dismissed by him He then claimed a week's wages, and to enforce this demand, summoned the defendant before the Court of Conscience While they were attending there, the words mentioned in the declara **ò 4&Gee.ILLc. 121, s 10, enacts, " That in any action now brought or hereafter to be brought by or against any assignee of any bankrupt, the commission of bankrupt, and the jrocee^ngs of the commissioners under the same, shall be evidence to be received of the petitioning creditor's debt, and of the trading and bankruptcy of such bankrupt mnless the other party in such action shall, if defendant, at or before the time of his pleading to such action, and if plamtig,, before issue joined in aaeh action, give notice in writing to such assignee that he intends to dispute such matters, or any of them." *2 Vide Russell v Langstaff, Doug. 514 ; Young v. Wright, 1 Campb. 139 ; Coxon v. Lyon, 2 Campb. 307, n. 68 BBISTOW V. HAYWOOD 4 CA. 812. tion were spoken ; but it did not appear distinctly in what stage of the proceedings they were spoken, or to whom they were addressed. Marryat for the defendant contended, that no action could [212] be maintained for the words, as the defendant was privileged to use them in a court of justice. Garrow, A. G...

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4 cases
  • Mr Mashood Iqbal (Appellant/Claimant) v Dean Manson Solicitors and Others (No 2) (Respondent/Defendant)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 5 mars 2013
    ...was extended to cover statements made by potential witnesses in preparing for a trial: Watson v. M'Ewan [1905] AC 480 (HL). 35 In Trotman v. Dunn (1815) 4 Campbell 211 there was uncertainty as to whether the defamatory statement of the defendant employer, sued by his employee for wages, tha......
  • Keith Smeaton (Allellant/Claimant) v Lesley Charles Butcher and Others (Respondent/Defendants)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 9 mai 2000
    ...or after he has left the witness-box is not privileged, which was the question in the case before Lord Ellenborough. [ Trotman v Dunn, 4 Camp. 211]. Or if a man when in the witness-box were to take advantage of his position to utter something having no reference to the cause or matter of in......
  • Kennedy v Hilliard (1859)
    • Ireland
    • Unspecified Court
    • 11 juin 1859
    ...Dyer, 285 a. Arundell v. TregonoENR Yelv. 116. Anfield v. FeverhillENR 2 Bulst. 269. Maloney v. BartleyENR 3 Camp. 210. Trotman v. DunnENR 4 Camp. 211. Ayres v. SedgwickENR Palm. 145. Revis v. SmithENR 18 C. B. 126. Brook v. MontagueENR Cro. Jac. 90. Hodgson v. ScarlettENR 1 B. & Ald. 232. ......
  • Doyle, Knight, O' Doherty
    • United Kingdom
    • High Court
    • 1 janvier 1842
    ...libellous. s Nonsuit. ! Sir T. Wilde and Talfourd, Serjts., and E. James, for the plaintiff. Knowles and Miller, for the defendant. (d) 4 Campbell, 211. Where A. having summoned B., his master, before a Court of Conscience for wages, and B when there utters words imputing felony to A. If th......

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