Reports of Cases Argued and Determined in the Courts of Exchequer and Exchequer Chamber, from Easter Term, 11 Geo. IV., to Trinity Term-[2 Will. IV] Both Inclusive [1820-32] Volume 1 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1852 edition. Excerpt: ...this rule must be discharged. Adams, Serjt., eontr: 'i.--In an action for words, the plaintiff 1I115l be nonsnited, if the words are not actionable, for the Jury cannot asses the damages when there is no cause of action. _ BAYLEY, B.--The rule is, that if the facts alleged in the decl_flT"ll'1_" be proved, it is the duty of the Jury to find for the pla-intifi'; ""'l'fth'l'_c facts do not disclose a suflicient cause' of action, the defendant m'1=lI 304 move in arrest of judgment. Where a. defendant is satisfitd " 8 the allegations if proved do not establish a cause of action, ought to deinur. The Judge is not at liberty to nonsuit on the groiinrltllfil the facts alleged in the declaration, do not amount to a cause of M10"It cannot be contended that the words are actionable, per 84; flndlhey are clearly not actionable as spoken with reference to the plaiiit ution. The imputation does not affect him in his situation of olcentsTl1_ 'ml are equally actionable whether they were spoken of the plailltill ll' hls situation, or in his private capacity. Words, to be actionable by T "5"_" of an iinputatioii upon the plaintiff 's trade, must be spoken of him in his trade, and with reference to his trade. They must either impute some misconduct in his trade, which renders him unfit for his situation, or be calculated to injure him in his trade. It is consistent with this imputation, that the plaintiff might have conducted himself honestly to the company, and have faithfully and efiiciently performed his duty; and therefore the words cannot be actionable as spoken of the plaintiif in his trade. Cur. adv. vult. The judgmen