Heyward v. Sanner

Citations

• 86 Md. 19
• 37 A. 798
• 1897 Md. LEXIS 105

Syllabus

<p>Libel and Slander—Judgment by Default—Inquisition of Damages— Evidence—Privileged Communication.</p> <p>Where in an action of slander a judgment by default was obtained against the defendant, such judgment conclusively establishes the right of the plaintiff to recover some amount to be determined by an inquisition of damages, and consequently that the defendant was chargeable with at least legal malice in speaking the words. And upon the inquisition of damages the defendant is not entitled to an instruction that the words set out in the declaration were spoken under such circumstances as to make them a privileged communication, because in that event the defendant would not be liable at all.</p> <p>In such case, the defendant is entitled to show upon the inquisition that the words were spoken without express malice so as to relieve him from the imposition of punitive damages.</p>