McLaughlin v. Cowley
Massachusetts Supreme Judicial Court
Tort. The declaration contained eight counts. The second count for libel was as follows : “ And the plaintiff further says, that the said defendant made and published and filed and caused to be filed in the office of the clerk of the Supreme Judicial Court in and for the county of Suffolk, and made a matter of public record in said court, a false and malicious libel concerning the plaintiff, a copy of which is hereto annexed, and therein falsely and maliciously charged the…
Read the full summary
Tort. The declaration contained eight counts. The second count for libel was as follows : “ And the plaintiff further says, that the said defendant made and published and filed and caused to be filed in the office of the clerk of the Supreme Judicial Court in and for the county of Suffolk, and made a matter of public record in said court, a false and malicious libel concerning the plaintiff, a copy of which is hereto annexed, and therein falsely and maliciously charged the plaintiff with the crime of murder, in the words following; to wit, ‘ and well knew that said McLaughlin ’ (meaning the…
1Opinion of the CourtLord, J.
It was stated in the opinion of this court in the recent case of Rice v. Coolidge, 121 Mass. 393, that it seems to be settled by the English authorities that judges, counsel, parties and witnesses are absolutely exempted from liability to an action for defamatory words published in the course of judicial proceedings ; and that the same doctrine is generally held in the American courts, with the qualification, as to parties, counsel and witnesses, that their statements made in the course of an action must be pertinent and material to the case. The doctrine thus qualified was set forth by Shaw,…
2Cases cited4 opinions
- Rice v. CoolidgeMassachusetts Supreme Judicial Court · 1876
- Gray v. ThrasherMassachusetts Supreme Judicial Court · 1870
- McAllister v. BurrillMassachusetts Supreme Judicial Court · 1867
- Rich v. RyderMassachusetts Supreme Judicial Court · 1870
3Cited by46 opinions
- Briscoe v. LaHueSupreme Court of the United States · 1983
- Andrews v. . GardinerNew York Court of Appeals · 1918
- Myers v. HodgesSupreme Court of Florida · 1907
- McGranahan v. DaharSupreme Court of New Hampshire · 1979
- Bruce v. Byrne-Stevens & Associates Engineers, Inc.Washington Supreme Court · 1989
41 more not listed; retrieve them via the Exa API.