Johnston v. Morrow
Supreme Court of Alabama
Error to Morgan Circuit court. Slander — tried before Lane, J. The declaration charged, that defendant had said of plaintiff, “ he has got well off very fast,” (meaning an increase of plaintiff’s pecuniary means,) “ and the way to tell it is, he” (meaning plaintiff,) “has marked Hugh Morrow’s hogs,” (meaning that said plaintiff had marked said hogs with his own mark, and had feloniously converted them to his own use.) Defendant demurred to the declaration, and the court…
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Error to Morgan Circuit court. Slander — tried before Lane, J. The declaration charged, that defendant had said of plaintiff, “ he has got well off very fast,” (meaning an increase of plaintiff’s pecuniary means,) “ and the way to tell it is, he” (meaning plaintiff,) “has marked Hugh Morrow’s hogs,” (meaning that said plaintiff had marked said hogs with his own mark, and had feloniously converted them to his own use.) Defendant demurred to the declaration, and the court below sustained the demurrer — which was here assigned for error.
1Opinion of the CourtGoldthwaite, J.
The general rule applicable to this class of actions, “ that no charge upon the plaintiff, *526however foul, will entitle him to damages, unless it be of an offence punishable in a court of criminal jurisdiction,” — has hitherto been considered as the settled law, in this court. It was first acted on in the case of Coburn vs. Harwood, (Minor, 93,) and is recognised and confirmed in Hillhouse vs. Peck, (2 Stew. & Por. 395.) If the words which are charged in the plaintiff’s declaration, impute to him the commission of an offence, which is not punishable through means of an indictment, the case will…
2Cases cited1 opinion
- Reagh v. SpannSupreme Court of Alabama · 1830
3Cited by1 opinion
- Shaw v. KillingsworthSupreme Court of Alabama · 1925