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" It must not be supposed that the statute of George the Third made the question of libel a question of fact. If it had, instead of removing an anomaly it would have created one. Libel is a question of law, and the judge is the judge of the law in libel... "
The Law Magazine and Review: For Both Branches of the Legal Profession at ... - Σελίδα 202
1892
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A Treatise on the Law of Slander and Libel: And Incidentally of ..., Τόμος 2

Thomas Starkie - 1830 - 474 σελίδες
...question of fact, if it had, instead of removing an anomaly, it would have created one. Libel is a question of law, and the judge is the judge of the...prevent the question from being left to the jury in the manner in which it was left before that time. Judges are, in express terms, directed to lay down the...

The Law Magazine: Or, Quarterly Review of Jurisprudence, Τόμος 26

1841 - 496 σελίδες
...a question of fact; if it had, instead of removing an anomaly it would have created one. Libel is a question of law, and the judge is the judge of the...prevent the question from being left to the jury in the manner in which it was left before that time. Judges are, in express terms, directed to lay down the...

The Legal Observer, Or, Journal of Jurisprudence, Τόμος 23

1842 - 556 σελίδες
...a question of fact, if it had, instead of removing an anomaly ii would have created une. Libel is a question of law, and the judge is the judge of the law in libel as in all other case» ; the jury having tbe power of acting agreeably to his slateinenl of the law or not. All that...

A Treatise on the Law of Defamation: With Forms of Pleadings

George Wingrove Cooke - 1844 - 562 σελίδες
...question of fact. If it " had, instead of removing an anomaly it would have " created one. Libel is a question of law, and the " judge is the judge of the...in which it was " left before that time. The jury was then only to " find the fact of the publication and the truth of the " inuendoes ; for the judges...

American Law Magazine, Τόμος 3

1844 - 506 σελίδες
...question of fact; if it had, instead of removing an anomaly, it would have created one. Libel is a question of law, and the judge is the judge of the law in libel as in all other catfes; the jury having the power of acting agreeably to his statement of the law or not. All that...

History of Trial by Jury

William Forsyth - 1852 - 506 σελίδες
...question of fact ; if it had, instead of removing an anomaly, it would have created one. Libel is a question of law, and the judge is the judge of the law in libel, a$ in all other cases ; the jury having the power of acting agreeably to his statement or not. All...

Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Τόμος 71

Massachusetts. Supreme Judicial Court - 1862 - 660 σελίδες
...question of fact . If it had, instead of removing an anomaly, it would have created one. Libel is a question of law, and the judge is the judge of the...cases, the jury having the power of acting agreeably to Irs statement of the law, or not." Again he says-: " In all cases the jury may find a general verdict;...

Reports of Cases Argued and Determined in the English Courts of ..., Τόμος 6

Great Britain. Courts - 1869 - 704 σελίδες
...question of fact. If it had, instead of removing an anomaly, it would have created one. Libel is a question of law, and the judge is the judge of the...jury in the narrow way in which it was left before lliat time. The jury were then only to find the fact of the publication, and the truth of the innuendoes...

A Treatise on Trial by Jury: Including Questions of Law and Fact : with an ...

John Proffatt - 1876 - 624 σελίδες
...what constitutes a libellous publication. In Rex v. Burdett,3 Mv. Justice Best said : " Libel is a question of law, and the judge is the judge of the law in libel as in all other cases ; the jury have the power of acting agreeably to his statement or not. All that the statute does is to prevent...

A History of the Criminal Law of England, Τόμος 2

James Fitzjames Stephen - 1883 - 522 σελίδες
...question of fact. If " it had, instead of removing an anomaly it would have created " one. Libel is a question of law, and the judge is the judge " of the...the narrow way in which it was left before " that tune. The jury were then only to find the fact of the " publication and the truth of the innuendoes,...




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