'the proper meaning of a privileged communication is only this : that the occasion on which the communication was made rebuts the inference prima facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove... Southern Reporter - Page 2961902Full view - About this book
| Appleton Morgan - Contempt of court - 1875 - 538 pages
...take away the privilege from a litigant party (Borthwick's Law of Libel, ch. 5, ยง 1, p. 217). ence prima facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove that there was malice in fact โ that the defendant was actuated by motives of... | |
| Charles Greenstreet Addison - Torts - 1876 - 762 pages
..." The proper meaning of a privileged communication," observes Parke, B., "is only this, that the i occasion on which the communication was made rebuts...prejudicial to the character of the plaintiff, and puts it on him to prove that there was malice in fact, ie, that the defendant was actuated by motives of... | |
| Charles Greenstreet Addison - Torts - 1876 - 996 pages
...privileged communication is one made at such a time, on such an occasion, and under such circumstances, that the inference of malice prima facie arising from a statement prejudicial to the plaintiffs character, is thereby rebutted, and imposes upon the plaintiff the burden of showing malice... | |
| John Townshend - Libel and slander - 1877 - 838 pages
...104.) * Erie, J., Gilpin v. Fowler, 9 Ex. 615. on which the communication was made rebuts the inference prima facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove that there was malice in fact, that the defendant was actuated by motives of personal... | |
| Nathaniel Cleveland Moak - Law reports, digests, etc - 1877 - 1000 pages
...communication is only this; that the occasion on which the communication was made rebuts the inference primS facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove that there was malice in fact โ that the defendant was actuated by motives of... | |
| Isaac Grant Thompson - Law reports, digests, etc - 1880 - 886 pages
...is only this : that the occasion on which the communication was made rebats the inference prima lade arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove that there was malice in fact โ that t-he defendant was actuated by motives... | |
| Nathaniel Cleveland Moak - Law reports, digests, etc - 1881 - 968 pages
...communication is only this, that the occasion on which the communication was made rebuts the inference prima facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove that there was malice in fact, that the defendant was actuated by motives of personal... | |
| Samuel Robinson Clarke, Henry Pigott Sheppard - Criminal law - 1882 - 642 pages
...H earns v. StoweU, 12 A. k E. 719-26, (?) McCuOough v. Mclntee, 2 E. & A. 390. rebuts the inference prima facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove that there was malice in fact, and that the defendant was actuated by motives... | |
| Law reports, digests, etc - 1906 - 1148 pages
...said to be this: that the occasion on which It was made rebuts the Inference arising, prima facie, from a statement prejudicial to the character of the plaintiff, and puts It upon him to prove that there was malice in fact, and that the defendant was actuated by motives... | |
| Sydney Hastings - Torts - 1885 - 532 pages
...communication is only this ; that the occasion on which the communication was made rebuts the inference .prinul facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove that there was malice in fuct, that the defendant was actuated by motives of personal... | |
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