Dexter v. Spear
U.S. Circuit Court for the District of Rhode Island
Case for a libel on the wife before marriage. -The declaration alleged the purport to be a charge of illicit and criminal intercourse between the husband [Edward Dexter] and wife before the marriage. The libel was contained in a newspaper called “Hie Beacon,” which was published by the defendant [William S. Spear]. Plea not guilty. At the trial the cause was argued by K. W. Greene and Mr. Tillinghast for the plaintiffs, and by Rivers & Whipple for the defendant.
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Case for a libel on the wife before marriage. -The declaration alleged the purport to be a charge of illicit and criminal intercourse between the husband [Edward Dexter] and wife before the marriage. The libel was contained in a newspaper called “Hie Beacon,” which was published by the defendant [William S. Spear]. Plea not guilty. At the trial the cause was argued by K. W. Greene and Mr. Tillinghast for the plaintiffs, and by Rivers & Whipple for the defendant. In the defence it was contended. (1) that the publication was not a libel on any person; (2) that if a libel, it was not applied or…
1Opinion of the CourtStorx, Circuit Justice
(after summing up the facts to the jury). This cause has been argued, as if there was something peculiar in an action for a libel, and as if it rested on harsh and extraordinary principles, not to be encouraged in an enlightened age. I know of nothing that justifies such a notion. The case of libels stands upon the same general grounds as other rights of action for wrongs. The. general rule of law is, that whoever does an injury to another is liable in damages to the extent of that injury. It matters not, whether the injury is to the property, or the person, or the rights, or the reputation,…
2Cited by28 opinions
- Barango v. E. L. Hedstrom Coal Co.Appellate Court of Illinois · 1957
- Riley v. LeeCourt of Appeals of Kentucky · 1889
- Ukman v. Daily Record Co.Supreme Court of Missouri · 1905
- Haley v. StateSupreme Court of Alabama · 1879
- Merchants' Ins. Co. of Newark v. BucknerCourt of Appeals for the Sixth Circuit · 1899
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