A Treatise On the Constitutional Limitations Which Rest Upon the Legislative Pow

Cover A Treatise On the Constitutional Limitations Which Rest Upon the Legislative Pow
A Treatise On the Constitutional Limitations Which Rest Upon the Legislative Pow
Thomas Mcintyre Cooley
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Smily, 37 Ohio St. 30 ; Stewart v. Swift Spec. Co. , 76 Ga. 280 ; Johnson v. Com. , Pa. St. , 14 Atl. 425 ; Bettner v. Holt, 70 Cal. 270, 11 Pac. 713; Smith v. Smith, 73 Mich. 445, 41 N. W. 499. For illustra- tions of charges held not within this rule, see Trimble v. Anderson, 79 Ala. 514 ; Allen v. Cape Fear, &c. Ry. Co. , 100 N. C.
CH. XII. ] LIBERTY OF SPEECH AND OF THE PKESS.
607 female verbally with want of chastity was not actionable without proof of special damage, 1 yet of late a dispos
...ition has been exhibited to break away from this rule in favor of one more just and sen- sible, 2 and the statutes of several of the States have either made adultery and incontinence punishable as crimes, whereby to charge them becomes actionable per se under the common-law rule, or else in express terms have declared such a charge actionable without proof of special damage. 3 But in any other case a party complaining of a false, malicious, and disparaging communication might maintain an action there- for, on averment and proof of special damage ; 4 though the truth 397, 6 S.

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