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38 S.C.L. 22

Bagley v. Johnston

Court of Appeals of South Carolina

Decided November 15, 1850

Court of Appeals of South Carolina · decided 1850-11-15

Before Withers, J., at Fairfield, Fall Term, 1850. This was an action for a libel. After the usual prefatory aver-ments, the declaration alleged the libel to be “in substance as follows and proceeded to set forth certain words addressed, in writing, to the plaintiff.' The defendant filed a general demurrer, and the plaintiff joined therein. His Honor sustained the demurrer; holding that a libel must be set forth in hcec verba, or according to the tenor.

Decided 1850-11-15

¶1Curia, per

O’Neall, J.

¶2We concur in opinion with the Judge below.

¶3To set out a libel “in substance as follows,” is admitted by all the authorities to be bad.

¶4Starkie, in his Treatise on Slander, (p. 362,) says, “it has long been settled that the declaration, or indictment, must profess to set out the very words published, and that it is not sufficient to describe them by their sense, substance, and effect.”

¶5The Court disclaims the power to alter any well settled principle of the common law. It is only when uncertain, or of doubtful application, that the Court may sometimes be considered as establishing a principle different from what may have been considered the law by others. But when the rule is clear, our duty is performed in declaring and enforcing it.

¶6On a general demurrer, the Court has no power to grant a motion to amend. The judgment is final.

¶7The motion to reverse the Circuit decision is dismissed.

Evans, Wardlaw, Füost and Withebs, JJ., concurred.

¶8Motion refused.

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