Lauder v. Jones
North Dakota Supreme Court
Appeal from District Court, Richland county; Cowan, J. Action by William S. Lauder against Evan S. Jones. Judgment for plaintiff, and defendant appeals. The office of the inducement is to set out the circumstances, and of the colloquium to show that the words were spoken with reference thereto. Townshend on Slander and Libel, sections 335, 336, 337; Sturtevant v. Root, 27 N. H. 69; Com. v. Child, 13 Pick. 198; 13 Enc.
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Appeal from District Court, Richland county; Cowan, J. Action by William S. Lauder against Evan S. Jones. Judgment for plaintiff, and defendant appeals. The office of the inducement is to set out the circumstances, and of the colloquium to show that the words were spoken with reference thereto. Townshend on Slander and Libel, sections 335, 336, 337; Sturtevant v. Root, 27 N. H. 69; Com. v. Child, 13 Pick. 198; 13 Enc. PL & Pr. 49-54 and 32-36. The defendant must have made a defamatory charge to render himself liable, and it is not sufficient that persons hearing or reading the statement of…
1Opinion
ON REHEARING.
Young, C. J.
A rehearing was ordered in this case upon a number of assignments which were not considered in the foregoing opinion. The questions raised by them have now been fully presented.
The first, and it is a controlling question, relates to the admission in evidence, over defendant’s objection, of a certain affidavit made by the defendant, which is known in the record as “Exhibit E.” Inasmuch as we have reached the conclusion that the admission of this exhibit was prejudicial error, it will be necessary to set forth the circumstances of its execution and its general…
2Cases cited37 opinions
- White v. NichollsSupreme Court of the United States · 1845
- State v. KentNorth Dakota Supreme Court · 1896
- Atwater v. Morning News Co.Supreme Court of Connecticut · 1896
- Cruikshank v. . GordonNew York Court of Appeals · 1890
- Bearce v. BassSupreme Judicial Court of Maine · 1896
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