Douge v. Pearce
Supreme Court of Alabama
Error to the Circuit Court of Benton. Before the Hon. G. W. Stone. Action on the case, for slander, by the plaintiff in error against the defendant and her husband, Daniel M. Pearce. Plea, not guilty. Pending the action, Daniel M. Pearce departed this life, and the suit as to him abated, but was continued as to his wife, Elizabeth, who, it is alledged, uttered the slanderous words. Trial and verdict for defendant. Upon the trial, several objections were made to the proof.
Read the full summary
Error to the Circuit Court of Benton. Before the Hon. G. W. Stone. Action on the case, for slander, by the plaintiff in error against the defendant and her husband, Daniel M. Pearce. Plea, not guilty. Pending the action, Daniel M. Pearce departed this life, and the suit as to him abated, but was continued as to his wife, Elizabeth, who, it is alledged, uttered the slanderous words. Trial and verdict for defendant. Upon the trial, several objections were made to the proof. The charge involved an accusation of perjury, in the giving of evidence upon atrial before a justice of the peace, in…
1Opinion of the CourtChilton, J.
No question is presented on the record as to the right of the plaintiff to proceed against Mrs. Pearce, the defendant, after the death of her husband. For aught that appears, she consented to the continuance of the cause against her, and submitted to the jurisdiction. But were it otherwise, without entering into an investigation of the authorities upon the subject, we are satisfied that if the tort of the wife, for which she and her husband were jointly sued, was not committed by her in his presence, or by his coercion, the suit does not abate by his death. Mr. Reeve, in his Treatise on the…
2Cases cited5 opinions
- Nye v. OtisMassachusetts Supreme Judicial Court · 1811
- Spence v. MitchellSupreme Court of Alabama · 1846
- Olds v. PowellSupreme Court of Alabama · 1846
- State v. AdamsSupreme Court of Alabama · 1829
- Teague v. WilliamsSupreme Court of Alabama · 1845
3Cited by6 opinions
- Strouse v. LeipfSupreme Court of Alabama · 1893
- Jarnigan v. FlemingMississippi Supreme Court · 1871
- Cole v. VarnerSupreme Court of Alabama · 1857
- McKenzie v. Branch BankSupreme Court of Alabama · 1856
- Washington Post Co. v. ChalonerCourt of Appeals for the D.C. Circuit · 1917
1 more not listed; retrieve them via the Exa API.