Elligood v. Oneal

Delaware Court of Common Pleas

Elligood v. Oneal

1 Del. Cas. 284, 1800 Del. LEXIS 14

DecidedNovember 27, 1800

StatusPublished

This text of 1 Del. Cas. 284 (Elligood v. Oneal) is published on Counsel Stack Legal Research, covering Delaware Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Elligood v. Oneal, 1 Del. Cas. 284, 1800 Del. LEXIS 14 (Del. Super. Ct. 1800).

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Opinion

Booth, C. J.

This cause has been so fully argued that it is unnecessary the Court should say anything of the evidence. There seems to be but one point of law controverted] that is, whether the words are actionable. We are of opinion that the words “harborer of thieves” are actionable, but the sense of the words, and construction of them, gentlemen, is with you. The plaintiff must prove the words; after this is done, it is incumbent on the defendant in order to sustain his defense to prove that the words are true.

Verdict for plaintiff [for] fifty cents on second count.

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Booth, C. J.

This cause has been so fully argued that it is unnecessary the Court should say anything of the evidence. There seems to be but one point of law controverted] that is, whether the words are actionable. We are of opinion that the words “harborer of thieves” are actionable, but the sense of the words, and construction of them, gentlemen, is with you. The plaintiff must prove the words; after this is done, it is incumbent on the defendant in order to sustain his defense to prove that the words are true.

Verdict for plaintiff [for] fifty cents on second count.

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Bluebook (online)

1 Del. Cas. 284, 1800 Del. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elligood-v-oneal-delctcompl-1800.