 'the proper meaning of a privileged communication is only this : that the occasion on which the communication was made rebuts the inference prima facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove...  A Treatise on Crimes and Misdemeanors - Page 246by William Oldnall Russell - 1843 - 1122 pagesFull view - About this book
 | Law reports, digests, etc - 1889 - 1086 pages
...communication is said tobe "that the occasion on which it was made rebuts the inference arising prima facie from a statement prejudicial to the character of the...it upon him to prove that there was malice in fact, and that the defendant was actuated by motives of personal spite or ill-will, independent of the circumstances... | |
 | John Townshend - Libel and slander - 1890 - 972 pages
...the presumption of malice." ' The proper meaning of a privileged communication is only this: that the occasion on which the communication was made rebuts...prejudicial to the character of the plaintiff, and puts the burden upon him to prove malice in fact, i. <?., that the defendant was actuated by motives of... | |
 | Law reports, digests, etc - 1890 - 1252 pages
...for making it, the presumption of malice does notarise, and the burden is upon the plaintiff to prove there was malice in fact; that the defendant was actuated by motives of personal spite or illwill, independent of the occasion on which the communication was made. Townsh. Sland. & Lib. 319,... | |
 | Law reports, digests, etc - 1891 - 424 pages
...meaning of a privileged commu" nicatiou is only this, that the occasion on which the commu" nication was made rebuts the inference prima facie arising...upon him to prove that there was malice in fact, that " defendant was actuated by motives of personal ill-will, inde" pendent of the occasion on which the... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1892 - 1066 pages
...plaintiff. The occasion on which a privileged communication is made rebuts the inference of malice arising from a statement prejudicial to the character of the plaintiff, and it devolves upon him to prove malice in fact; that the defendant was actuated by motives of personal... | |
 | Law reports, digests, etc - 1893 - 1276 pages
...Parke, В., «aid: "The proper meaning of a privil"ged communication is only this: that the "ccasion on which the communication was made rebuts the inference...malice in fact, that the defendant was actuated by motive« of personal spite or ill will, Independent of the occasion on which the communication was... | |
 | Indiana. Appellate Court - Law reports, digests, etc - 1893 - 800 pages
...show the existence of express malice." When the communication is shown to be privileged, this fact rebuts the "inference prima facie arising from a statement...prejudicial to the character of the plaintiff, and puts the burden upon him to prove malice in fact." Townshend on S. and L., section 209. In discussing the... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1894 - 772 pages
...R. 577, PAEKE, B., said : " The proper meaning of a privileged communication is only this: that the occasion on which the communication was made rebuts...it upon him to prove that there was malice in fact, — tbat the defendant was Brown va. Vannaraan. actuated by motives of personal spite or ill will,... | |
 | Eugene Wambaugh - Contracts - 1894 - 576 pages
...communication was one where "the occasion on which it was made rebuts the inference arising, prima facie, from a statement prejudicial to the character of the...it upon him to prove that there was malice in fact, and that the defendant was actuated by motives of personal spite and ill will," and that "such an occasion... | |
 | Canada revue - 1894 - 358 pages
...the occasion on which the communicaiion is made rebuts the p 'rima facie inference of malice in fact arising from a statement prejudicial to the character of the plaintiff; and the onus is upon him to prove that there was actual malice, that the defendant was actuated by motives... | |
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