Hogan v. Brown

U.S. Circuit Court for the District of District of Columbia

Hogan v. Brown

12 F. Cas. 309, 1 Cranch 75

CourtU.S. Circuit Court for the District of District of Columbia

DecidedMarch 15, 1802

StatusPublished

This text of 12 F. Cas. 309 (Hogan v. Brown) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hogan v. Brown, 12 F. Cas. 309, 1 Cranch 75 (circtddc 1802).

Pincite

Opinion

CRANCH, Circuit Judge.

When the defendant means to prove other words spoken at the same time with those laid in the declaration and which make -the words laid not actionable, then, in order to enable the defendant. to bring -testimony of those other words he must plead his justification specially. But if the plaintiff’s evidence proves words which justify the defendant, or which show that the words charged are not actionable as spoken, there the defendant may take advantage of them without pleading special; ly. For the plaintiff must make a good cause of action, and if it appears from his own evidence that the words charged are not actionable as spoken, he fails to support his cause of action.

But KILTY, Chief Judge, and MARSHALL, Circuit Judge, were of a different opinion.

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CRANCH, Circuit Judge.

When the defendant means to prove other words spoken at the same time with those laid in the declaration and which make -the words laid not actionable, then, in order to enable the defendant. to bring -testimony of those other words he must plead his justification specially. But if the plaintiff’s evidence proves words which justify the defendant, or which show that the words charged are not actionable as spoken, there the defendant may take advantage of them without pleading special; ly. For the plaintiff must make a good cause of action, and if it appears from his own evidence that the words charged are not actionable as spoken, he fails to support his cause of action.

But KILTY, Chief Judge, and MARSHALL, Circuit Judge, were of a different opinion.

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Bluebook (online)

12 F. Cas. 309, 1 Cranch 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hogan-v-brown-circtddc-1802.