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When we come to Glanvill everything is beautifully simple. It seems to me that such a nation would have the most simple, easy to accept, economical, limited, nonoppressive, just, and enduring government imaginable — whatever its political form might be. Thus, in one well-known case, it was held not actionable to say that “Sir Thomas Holt struck his cook on the head with a cleaver and cleaved his head; the one part lay on one shoulder and another part on the other”, for it does not appear that the cook was dead, and so the imputation may be only of a trespass; as the court observed, a little ambiguously, “slander ought to be direct”. 3 So too if a married woman says: “A. stole my turkeys”, the words are not actionable, for a married woman could have no property in chattels; 4 a few years earlier, however, this rather fine point had been rejected. 5 The law regarding publication was already receiving attention, although it had not yet reached a satisfactory position.

Pages: 46

Publisher: Gale, U.S. Supreme Court Records (October 30, 2011)

ISBN: 1270631268

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