Legal Opinion

Saunders v. Baxter

Tennessee Supreme Court

Decided October 14, 1871PublishedCited by 21 opinions

FROM KNOX. Appeal in error from the judgment of the Circuit Court, February Term, 1871. E. T. Hall, J. 1. If the subject-matter of the publication is blasphemous or defamatory of an individual, it can not be privileged: citing Townshend on S. and L., ss. 90, 91, 92, 229, 288, 289, 290; Starkie on Slander, 263. 2. The subsequent publication was properly admitted, because it alluded to the libelous article and plainly tended to show the malice with which it was published, and…

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FROM KNOX. Appeal in error from the judgment of the Circuit Court, February Term, 1871. E. T. Hall, J. 1. If the subject-matter of the publication is blasphemous or defamatory of an individual, it can not be privileged: citing Townshend on S. and L., ss. 90, 91, 92, 229, 288, 289, 290; Starkie on Slander, 263. 2. The subsequent publication was properly admitted, because it alluded to the libelous article and plainly tended to show the malice with which it was published, and malice is a most material element in estimating the damages in actions of this character; besides, the defendants had…

1Opinion of the Court

SNEED J.,

delivered the opinion of the court.

The defendants, Rolfe S. Saunders and Isaac S. Clark, were, on the 4th of September, 1870, the proprietors and publishers of a newspaper in the city of Knoxville, called the “ Sunday Whig and Register.” At that time a litigation was pending in the Chancery Court at Knoxville, in which John Baxter, the plaintiff in this action, was the complainant, and Jos. A. Mabry and others were the defendants; and on the day aforesaid, air article, purporting to be a speech delivered by Joseph A. Mabry in said chancery cause, appeared in the columns of the said…

2Cases cited1 opinion

  1. Gilbert v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by21 opinions

  1. Langford Ex Rel. Langford v. Vanderbilt UniversityTennessee Supreme Court · 1956
  2. Pratt v. DuckCourt of Appeals of Tennessee · 1945
  3. Massee v. WilliamsCourt of Appeals for the Sixth Circuit · 1913
  4. Glenn R. Funk v. Scripps Media, Inc.Tennessee Supreme Court · 2019
  5. American Publishing Co. v. GambleTennessee Supreme Court · 1905

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