INNUENDO (Lat. innuere, to nod at, to hint at ; meaning. The word was used when pleadings were in Latin, and has been trans lated by "meaning").
In Pleading. A clause in the declaration, indictment, or other pleading containing an averment which is explanatory of some pre ceding word or statement.
An averment of the meaning of alleged libellous words. Collins v. Pub. Co., 152 Pa. 187, 25 Atl. 546, 34 Am. St. Rep. 636. The defamatory meaning which the plaintiff sets on words complained of, in an altion for li bel ; its office is to show how they came to have that defamatory meaning and how they relate to him. Buckstaff v. Viall, 84 Wis. 129, 54 N. W. 111.
It derives its name from the leading word by which it was always introduced when pleadings were in Latin. It is mostly used in actions of slander, and is then said to be a subordinate averment, connecting partic ular parts of the publication with what has gone before, in order to elucidate the de fendant's meaning more fully. 1 Stark. Sland. 431.
It is the office of an innuendo to define the defamatory meaning which the plaintiff sets on the words, to show how they come to have that meaning, and also to show how they re late to the plaintiff, whenever that is not clear on the face of them ; Odg. Lib. & Sl. *100. See COLLOQUIUM. It may be used to point to the plaintiff as the person intended in the defendant's statement. It may show that a general imputation of crime is intend ed to apply to the plaintiff ; Heard, Sland. § 226; 1 H. L. Cas. 637; Nestle v. Van Slyck, 2 Hill (N. Y.) 282 ; but it cannot be allowed to give a new sense to words where there Is no such charge; 8 Q. B. 825. See Glatz v. Then, 47 Minn. 278, 50 N. W. 127.
Where a defamatory meaning is apparent on the face of the libel itself, no innuendo is necessary, though often inserted ; Sanford v. Rowley, 93 Mich. 119, 52 N. W. 1119 ; Republican Pub. Co. v. Miner, 3 Cal. App. 568, 34 Pac. 485; where the words prima facie are not actionable, an innuendo is es sential to the action ; Odg. Lib. & Sl. *99.
Its office is to deduce inferences from premises already stated, not to state the premises themselves. An innuendo is not an
issuable averment. Facts extrinsic to the article and essential to the identification of the article with the person complaining can not be embodied in an innuendo ; Duvivier v. French, 104 Fed. 278, 43 C. C. A. 529, per Grosscup, C. J., citing McLaughlin v. Fish er, 136 Ill. 111, 24 N. E. 60.
It may point to the injurious and action able meaning, where the words complained of are susceptible of two meanings; 8 Q. B. 841; and generally explain the preceding matter ; 12 Ad. & E. 317; but cannot en large and point the effect of language beyond its natural and common meaning in its usual acceptation; Heard, Sland. § 219; Newell, Def. Sland. & L. 619, 620; 9 Ad. & E. 282; Commonwealth v. Snelling, 15 Pick. (Mass.) 335; Viedt v. Newspaper Co., 19 D. C. 534; unless connected with the proper introducto ry averments; 1 C. B. 728 ; Ryan v. Mad den, 12 Vt. 51; Maxwell v. Allison, 11 S. & R. (Pa.) 343 ; Van Vechten v. Hopkins, 5 Johns. (N. Y.) 211, 4 Am. Dec. 339. These introductory averments need not be in the same count; 2 Wils. 114; Bloss v. Tobey, 2 Pick. (Mass.) 329. Where the language of an alleged libel was ambiguous, the innuendoes averring the meaning plaintiff claimed should be attached to the words complained of, are proper ; Barnard v. Pub. Co., 63 Hun 626, 17 N. Y. Supp. 573.
For the innuendo in case of an ironical li bel, see 7 Dowl. 210; 4 M. & W. 446.
If not warranted by preceding allegations, it may be rejected as superfluous ; Heard, Sland. § 225; but only where it is bad and useless,—not where it is good but unsupport ed by evidence, even though the words would be actionable without an innuendo; Newell, Def. Sland. & L. 629 ; 3 H. L. Cas. 395 ; 1 Ad. & E. 558; 4 B. & C. 655; Cro. Eliz. 609. See Turton v. New York Recorder, 3 Misc. 314, 22 N. Y. Supp. 766.
In the case of words not per se actionable, the innuendo must be pleaded and proved ; Unterberger v. Scharff, 51 Mo. App. 102.
See LIBEL.