Oday v. Willis

Supreme Court of Delaware

Oday v. Willis

1 Del. Cas. 10

DecidedNovember 15, 1793

StatusPublished

This text of 1 Del. Cas. 10 (Oday v. Willis) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Oday v. Willis, 1 Del. Cas. 10 (Del. 1793).

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Opinion

Plaintiff’s counsel argued that if the words were spoken out of concern, and with no evil intention, it should have been taken advantage of by justification. 2 Esp.N.P. 260. That malice need not be proved it being part of the definition of slander (4 Bl.Comm. 125) and that those words, the native consequence of which is a damage to the person of whom they are spoken, are accounted malicious in law; and of this opinion were the court, who directed the jury that the words, if they were spoken, imported malice, and no proof of it was necessary on the part of the • plaintiff.

Verdict for the plaintiff and three shillings ninepence damages, etc.

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Plaintiff’s counsel argued that if the words were spoken out of concern, and with no evil intention, it should have been taken advantage of by justification. 2 Esp.N.P. 260. That malice need not be proved it being part of the definition of slander (4 Bl.Comm. 125) and that those words, the native consequence of which is a damage to the person of whom they are spoken, are accounted malicious in law; and of this opinion were the court, who directed the jury that the words, if they were spoken, imported malice, and no proof of it was necessary on the part of the • plaintiff.

Verdict for the plaintiff and three shillings ninepence damages, etc.

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Bluebook (online)

1 Del. Cas. 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oday-v-willis-del-1793.