ISBN: 9781130502862

RareBooksClub. Paperback. New. This item is printed on demand. Paperback. 262 pages. Dimensions: 9.7in. x 7.4in. x 0.6in.This historic book may have numerous typos and missing text. Pur… Plus…

RareBooksClub. Paperback. New. This item is printed on demand. Paperback. 262 pages. Dimensions: 9.7in. x 7.4in. x 0.6in.This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866 Excerpt: . . . by a jury. But a jury cannot take cognizance of it, unless it appears upon the record; which it cannot do without an averment. i This is certainly giving a very sensible and intelligible reason for the use of colloquiums in actions for slander, for 1 Caldieell v. Mbey, Hardin, 530; Thomas v. Croswtll, 7 Johns. R. 271; MClurg v. Ross, 5 Binn. 218; Rex v. Alderton, Sayer, 280; Rex v. Marsden, Maule and Sel. 168. VOl. II. 30. 349 Bloss the same doctrme is undoubtedly applicable to actions for Tobey. words, as to actions or indictments for libels. It is founded upon the necessity of certainty in the declaration, and that is one of the first requisites in pleading. With respect to the manner of putting upon the record those facts and circumstances which tend to render the words actionable, the same great judge says, it must be by averments in opposition to argument and inference, by way of introduction, if it is new matter, and by way of innuendo, if it is only matter of explanation, for an innuendo means nothing more than the words, id est, scilicet, or meaning, or aforesaid, as explanatory of a subject matter sufficiently expressed before; as such a one, meaning the defendant, or such a subject, meaning the subject in question. He then refers to Barhams case, in Coke, which is cited m all the books in illustration of this doctrine. He has burnt my barn, meaning a barn full of corn. This is bad, because what comes in under the innuendo is an addition to, and not an explanation of the words spoken; though had there been in a preceding count referred to in this, a colloquium respecting the plaintiffs barn, full of corn, which had been burnt, the innuendo, by reference to the colloquiu. . . This item ships from La Vergne,TN., RareBooksClub<