Bailey v. Holland
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a judgment on verdict in an action for libel. The Court in its opinion stated the case as follows: This is an appeal from a judgment in an action for libel brought by the appellee, Milton M. Holland, as plaintiff below, against the appellant, Leonard C. Bailey, and founded on the following letter: “Washington, D. C., June, 8, 1891. “ Hon. John Sherman, Mansfield, Ohio.
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Hearing on an appeal by the defendant from a judgment on verdict in an action for libel. The Court in its opinion stated the case as follows: This is an appeal from a judgment in an action for libel brought by the appellee, Milton M. Holland, as plaintiff below, against the appellant, Leonard C. Bailey, and founded on the following letter: “Washington, D. C., June, 8, 1891. “ Hon. John Sherman, Mansfield, Ohio. “ Sir : I trust you will pardon the liberty I take in addressing you on the subject which this letter will present, and that you will be able to see in my motive an ample excuse for my…
1Opinion of the CourtJustice Shepard
Any published writing that imputes criminal or dishonest conduct to another, or that tends to disgrace him and bring him into hatred, contempt of ridicule, is a libel. White v. Nicholls, 3 How. 266; Hagan v. Hendry, 18 Md. 177, 191 • Townshend on Slander and Libel, sec. 176 et seq.; 13 Am. 6 Eng. Ency. Law, pp. 294-300. Where it does not appear that such statements or charges are true, or have been justifiably made, malice is presumed from their utterance. The malice consists in doing intentionally, and without justification, that which must work injuiy to another.
Tested by the foregoing…
2Cases cited2 opinions
- White v. NichollsSupreme Court of the United States · 1845
- Hagan v. HendryCourt of Appeals of Maryland · 1862
3Cited by6 opinions
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- Hoffman v. Washington Post Co.District Court, District of Columbia · 1977
- Collins v. BrownDistrict Court, District of Columbia · 1967
- Williams v. Anti-Defamation League of B'nai B'rithCourt of Appeals for the D.C. Circuit · 1950
- Cohen v. Marx Jewelry Co.Court of Appeals for the D.C. Circuit · 1937
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