Donaldson v. Roberson
Alabama Court of Appeals
Appeal from Winston Circuit Court. Heard before Hon. J. J. Curtis.- Action for slander by Mrs. Susan Roberson against Jeff Donaldson. From a judgment for plaintiff, defendant appeals.
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Appeal from Winston Circuit Court. Heard before Hon. J. J. Curtis.- Action for slander by Mrs. Susan Roberson against Jeff Donaldson. From a judgment for plaintiff, defendant appeals. The amended counts were as follows: (1) Plaintiff claims of defendant * * * for falsely and maliciously charging the plaintiff with being immoral, by speaking of and concerning her in the presence of divers persons, in substance as follows: “Will Sisson is keeping Mrs. Roberson and having intercourse with her. My father (J. G. Donaldson) I don’t think is having anything to do with her, but he will get at it if…
1Opinion of the Court
BROWN, J.—(1) The first, third, and fourth counts of the complaint as amended, and on which the case was tried, substantially follow the Code form for actions of slander, and the demurrers to these counts were properly overruled. — Penry v. Dozier, 161 Ala. 292, 49 South. 909; Code 1907, § 5382, form 16.
(2-4) Under our statute, which provides: “The defendant may plead more pleas than one without unnecessary repetition; and, if he does not rely solely on a denial of the plaintiff’s cause of action, must plead specially the matter of defense,” etc. (Code 1907, § 5331) the defense that the…
2Cases cited19 opinions
- Fowles v. . BowenNew York Court of Appeals · 1864
- Jones & Co. v. PeeblesSupreme Court of Alabama · 1900
- Penry v. DozierSupreme Court of Alabama · 1909
- Ware v. CartledgeSupreme Court of Alabama · 1854
- Cooper v. PhippsOregon Supreme Court · 1893
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Berry v. City of New York Ins. Co.Supreme Court of Alabama · 1923
- Stone v. StateSupreme Court of Alabama · 1922
- Weir v. Brotherhood of Railroad TrainmenSupreme Court of Alabama · 1929
- Birmingham Waterworks Co. v. BrooksAlabama Court of Appeals · 1916
- Rhodes v. StateSupreme Court of Florida · 1932
6 more not listed; retrieve them via the Exa API.