'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
| Accounting - 1911 - 662 pages
...said to be this : 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 Henry Wigmore - Torts - 1912 - 1076 pages
...quite a correct expression. The proper meaning of a privileged communication is only this: that the occasion on which the communication was made rebuts...defendant was actuated by motives of personal spite or ill-will independent of the occasion on which the communication was made. 900. BACON ».MICHIGAN CENTRAL... | |
| Charles Morse, Walter Edwin Lear, Edward Betley Brown - Law reports, digests, etc - 1913 - 636 pages
...& R. 577, Parke, B., says: "The proper meaning of a privileged communication is only this, that the occasion on which the communication was made rebuts...the defendant was actuated by motives of personal ill-will or spite, independent of the occasion on which the communication was made." That other members... | |
| Missouri. Supreme Court - Law reports, digests, etc - 1913 - 880 pages
...said to be this : 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 defendffnt was actuated by motives of personal spite or ill-will, independent of the circumstances... | |
| Eugene Allen Gilmore, William Charles Wermuth - Law - 1914 - 964 pages
...meaning of a privileged communication," it has been said by high authority, "is only this: That the occasion on which the communication was made rebuts...defendant was actuated by motives of personal spite or ill-will, independent of the occasion on which the communication was made."71 Comment which is actuated... | |
| James Arthur Ballentine - Encyclopedias and dictionaries - 1916 - 648 pages
...118 Pac. 999. Privilege, Writ of. See Writ of privilege. Privileged communication. One made when the occasion on which the communication was made rebuts...it upon him to prove that there was malice in fact. See 10* Am. St. R«p. 112, note. Privileged copyholds. Those copyholds which are held according to... | |
| Heman Gerald Chapin - Torts - 1917 - 754 pages
...627. See Battersby v. Collier, 34 App. Div. 2 7s gee note 273 on following page. • there is rebutted the inference prima facie arising from a statement...prejudicial to the character of the plaintiff, and the burden is put upon him to prove that there was malice.274 This is known as "malice in fact." It... | |
| Law reports, digests, etc - 1919 - 1122 pages
...equivalent to malice in fact. In the case of a qualified privileged communication, tlie occasion on which it was made rebuts the inference prima facie arising...prejudicial to the character of the plaintiff, and puts the burden on him to prove that there was malice in fact ; that the defendant was actuated by motives... | |
| Law - 1920 - 904 pages
...Everett v. PeLong. 144 111. App. 499. "The meaning of a privileged communication is only this: That the occasion on which the communication was made rebuts the inference prima facie rising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove... | |
| Clement Gatley - Forms (Law) - 1924 - 1066 pages
...this : that the occasion on which the communication was made rebuts the inference [of malice] primd facie arising from a statement prejudicial to the...defendant was actuated by motives of personal spite or ill-will, independent of the occasion on which the communication was made."6 Proof of such indirect... | |
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