The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1885-05-21

Jones, Earum & Co, Appellants, We Town
sends Administrators, Appeltk - I,uvaI
county.
RANEY, J
l. Under Section 1924 OF the revsbd Statutes
OF the United States, the failure to} STAGE and
obterate the Internal Revenue Sttmps n 4
cask at the time of emptying the 81 me Ois dis
tilied spirits is felony punishable ny fin=, IN 4
Imprisonment. Intent TO transport t.ke empty
cask with the stamp on it, or 10 procAre Tito be
transported Is not an element OF 3be assove
offence. !
,. To publish in newspaper OF rie4son who
Is q candidate tor an elective municipal ufict
that he is "a retail LIQUOR dealer, aAI we; arc
informed is under Indictment for nou Gancaiine
The stamps on Empty liquor casks, tile lcon.ents
Of which he haa sold" such person uot BEING
under indictment for the above or auy such
crime is libel, and is actionable perS$s, ard is
not privileged
3 declaration, in the usual forrp, setting
out the publication. and the above prtiyisiea OF
the | nited States Statutes and alleging that
the defendant meant by such publication that
the plaintiff was under indictment for the com
mission OF the above felony, is good in law
although it alleges no speciai DAMAGE to the
plaintiff.
T. Under chapter 343e, Laws of FEl.dda. ap-
proved March ), 1888, pleading oves in bar.
after demurrer 10 the declaration has 5een over
ru' ed, is not waive of the demurrer, hui the
Judgment or ruling on the demurrer NAV be
renewed on appeal or writ OF error; anG no
exception ced be taken or noted in HE lower
court to secure such right o. review.
D. In plea OF justification to an action for
libel great certainty OF averment is requisite
1t must be as broad as and justify the subsistence
OF the specific charge or publication, lis Quar-
&C er and mputations If it does not sver ihat
u words are true in the sense imputed 90 them
by proper innuendo, it is bad
d. Good motives are essential to Justification
or eNoneration of publishing libelOrss matter
which is true under the Constitution Of Flor
ida
Z. The language of publication alleged To he
libelous should be construed as the csmmon
mind would naturally understand it,
). The publication of matter otherwise Incl
Gus or actionable is not relieved of IT. Ebeleus
or actiOnable character by the statement: thaA il
{ made on information.
9 The plea of not gritty" in an as..sinr, for
libel, the charge being actionabe per sd admits
that il is false in fact. Where under snCn D,es
The publication is proved or admitted and lie.
alleged libel is aciisnable. malice can n. De so
nv erc0me by proof as to establish deer 81. s.ld
ieteat the plaintiff OF his verdict. vet - re2e
ne presumption OF or prove less H<rret OF
malice, and thus mitigate damages, ddirndanl
may show that Al the time the publication " H.
made he mad good reason Ia believe and tId
believe the charge to be true Facts and Car
cutnStanCeS snow Ing .bUal the ucicnual' HAu
reasonable grounds to believe the charg be
true may be introduced to repel malice in
mitigation of damages, though they tent To
tabllsh the truth of the alleged libel Ia creaee
suspicion thereof if they are not such as sm0tSli
To proof of the truthfulness OF the charge, Eki-
dence offered in mitigation, is to be treated Us
involving conclusive admission that the charge
is not true, in fact, but the defendant mac snow
that he believed ii TO be true and tha, sc hid
reasonable grounds for such belief
10 When the special fact in controversy j.
whethe the words of third person, not t,nifr
oath, were spoken or written, and not ws.ether
they were true, testimony 10 whether they
Were spoken or written is not to be excluded IS
hearsay 81 also, where language or state, aen&.
whether written or spoken are the na.ufal &r
inseparable concomltanis of the princip.f facts
in controversy :
II. Newspapers have no privilege th$$ Will
excuse them in printing libels of which any
other publication would not be ex4Hsed
The liberty of the press means that no pEfs,lolIs
license to publish shall be required, but nsng th4t
The publisher of u newsI aper shall be afk less
responsible han another person would ~ f;Ir
publishing otherwise the same iibelous mat1sr
II The publication concerning q canttda.e
for an elective Office in a municipality, .1ssy IA
newspaper admitted TO have at the time a ;Marve
circulation beyond the limits of the municipEtity
of articles stating that he is under indictment
for felony, when such is not the fact, k nor
privileged.
ID. The defendant in libel suit shouIS not
be permitted to testify whether or not he fxes.
ercised any care in ascertaning the truthfulhess
OF the charge; this is for the decision Of the
jury
IA. The result of the election at whicik the
plaintiff Is candidate, is not proper evidSnce.
Tor The defendant i'll the absence of aegaticts OF;
special damage.
Judgment reversed $
Randall, Walkers d Foster and R AEh
bald, for appellants; H. Fl. Buchanan, fors ap-
pellee.
Porcher L'Engle, Appellant, w. James, +.
Wilson and Emily r. Wilson, ExecutriA of
c. Parkhurst, deceased, AppelIees
county. !
C. j.: <
l. An assessment of land under the ReveSue u
Act of 1873 Chapter 3098, Sections 6. z nnd4 O i
must be to the owner, or to the occupant orea
unknown, or to the trustee, guardian. erzct
ltor or administrator in his representative Ca
,acity.
2. An assessment 10 the estate of Pax
hurst is a nullity and sale consequent ism
nch assessment conveys no title to the AR |
:haser. q
Judgment affirmed 4 ;
John E Hartridge, for appellant; A. r..
Jockrell d Son, for appellees. I
General Henry r. jackson, Minister
n Mexico Ia expocta1 70 rotnrc f--S.