Jones, Varnum & Co. v. Townsend's Administratrix
Citations
- 21 Fla. 431
Syllabus
<p>1. Under section 3324 of the Revised Statutes of tbe United States, the failure to efface and obliterate tbe internal revenue stamps on a cask at the time of emptying the same of distilled spirits is a felony, punishable by fine and imprisonment. Intent to transport .the empty cask with the stamp on it, or to procure it to be transported, is not an element of the above offence.</p> <p>2. To publish in a newspaper of a person who is a candidate for an elective municipal office that he is “a retail liquor dealer, and we are informed is under indictment for not canceling the stamps on empty liquor casks, the contents of which he had sold,” such person not being under indictment for the above or any such crime, is a libel, and is actionable per se, and is not privileged,</p> <p>3. A declaration, in the usual form, setting- out the publication, and the above provision of the United States Statutes, and alleging that the defendant meant by such publication that the plaintiff was under indictment for the commission of the above felony, is good in law, although it alleges no special damage to the plaintiff.</p> <p>4. Under chapter 3480, Laws of Florida, approved March 5, 1883, pleading over in bar, after demurrer to the declaration has been overruled, is not a waiver of the demurrer, but the judgment or ruling on the demurrer may be reviewed on appeal or writ of error, and no exception need be taken or noted in the lower court to secure such right of review.</p> <p>5. In a plea of justification to an action for libel great certainty of averment is requisite. It must be as broad as, and justify the substance of, the specific charge or publication, its character and imputations. If it does not aver that the words are true in the sense imputed to them by proper innuendo, it is bad.</p> <p>6. Good motives are essential to a justification or exoneration of publishing libelous matter which is true, under the Constitution of Florida.</p> <p>7. Tire language of a publication all
Judges: Raney
Read full opinion on CourtListenerCited by
22 cases in this archive cite this case; the 20 most cited are listed.
- Near v. Minnesota Ex Rel. OlsonSupreme Court· 1931-06-01· cited 1,633×
- Nodar v. GalbreathSupreme Court of Florida· 1984-12-13· cited 116×
- Abraham v. BaldwinSupreme Court of Florida· 1906-06-15· cited 83×
- Post Pub. Co. v. HallamSixth Circuit· 1893-12-09· cited 65×
- Coogler v. RhodesSupreme Court of Florida· 1896-06-15· cited 60×
- Crane v. New York World Telegram Corp.New York Court of Appeals· 1955-04-28· cited 52×
- Montgomery v. KnoxSupreme Court of Florida· 1887-06-15· cited 51×
- Lovett v. StateSupreme Court of Florida· 1892-01-15· cited 27×
- Hartley & Parker v. CopelandSupreme Court of Florida· 1951-04-06· cited 26×
- In Re Standard Jury Instructions in Civil Cases—Report No. 09-01Supreme Court of Florida· 2010-03-04· cited 24×
- Miami Herald Publishing Co. v. BrautigamDistrict Court of Appeal of Florida· 1961-03-09· cited 20×
- Brown v. Fawcett Publications, Inc.District Court of Appeal of Florida· 1967-03-10· cited 18×
- Arizona Publishing Co. v. HarrisArizona Supreme Court· 1919-06-04· cited 16×
- McClellan v. L'EngleSupreme Court of Florida· 1917-12-20· cited 15×
- Lewis v. HumphriesMissouri Court of Appeals· 1896-01-20· cited 13×
- Meeker v. Post Printing & Publishing Co.Supreme Court of Colorado· 1913-04-03· cited 11×
- Hevey v. News-Journal CorporationDistrict Court of Appeal of Florida· 1963-01-08· cited 10×
- In Re Standard Jury InstructionsSupreme Court of Florida· 1991-01-18· cited 7×
- Curtis Pub. Co. v. FraserFifth Circuit· 1954-02-10· cited 6×
- Hoey v. FletcherSupreme Court of Florida· 1897-01-15· cited 4×
Cites
20 cases in this archive are cited by this case.
- Johnson v. Pensacola & Perdido RailroadSupreme Court of Florida· 1878-06-15· cited 35×
- Marks v. BakerSupreme Court of Minnesota· 1881-07-25· cited 30×
- Rearick v. WilcoxIllinois Supreme Court· 1876-01-15· cited 23×
- Foster v. ScrippsMichigan Supreme Court· 1878-10-22· cited 23×
- Dole v. LyonNew York Supreme Court· 1813-10-15· cited 22×
- Miller v. MillerNew York Supreme Court· 1811-05-15· cited 20×
- Williams v. MinerSupreme Court of Connecticut· 1847-07-15· cited 17×
- North v. BradwaySupreme Court of Minnesota· 1864-07-15· cited 16×
- Eviston v. CramerWisconsin Supreme Court· 1879-08-15· cited 14×
- Downey v. DillonIndiana Supreme Court· 1876-05-15· cited 14×
- Shepard v. MerrillNew York Supreme Court· 1816-10-15· cited 10×
- Storey v. EarlyIllinois Supreme Court· 1877-09-15· cited 9×
- Hinote v. SimpsonSupreme Court of Florida· 1880-01-15· cited 8×
- Pittman's Administrator v. MyrickSupreme Court of Florida· 1878-06-15· cited 7×
- Stilwell v. BarterNew York Supreme Court· 1838-05-15· cited 5×
- Binns v. StokesMississippi Supreme Court· 1854-04-15· cited 4×
- Redfield v. Holland Purchase InsuranceNew York Court of Appeals· 1874-04-14· cited 3×
- Mayo v. Keyser'sSupreme Court of Florida· 1880-06-15· cited 1×
- Commonwealth v. CusickMassachusetts Supreme Judicial Court· 1876-03-01· cited 1×
- Self v. GardnerSupreme Court of Missouri· 1852-01-15· cited 1×
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