Constitution Publishing Co. v. Stegall
Supreme Court of Georgia
Action of libel. Before Judge Westmoreland. City court of Atlanta. March term, 1895. The declaration alleged, that the defendant printed, published and circulated, in the Atlanta Constitution newspaper, the following false, malicious and libellous words concerning plaintiff: “Says they blew it in. John Stegall, a butcher, who has figured in police circles before, was arrested last night, charged with stealing $20 from a young boy named Yalentine.
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Action of libel. Before Judge Westmoreland. City court of Atlanta. March term, 1895. The declaration alleged, that the defendant printed, published and circulated, in the Atlanta Constitution newspaper, the following false, malicious and libellous words concerning plaintiff: “Says they blew it in. John Stegall, a butcher, who has figured in police circles before, was arrested last night, charged with stealing $20 from a young boy named Yalentine. The amount had been given with which to pay a bill. Stegall says that they blew it in together, and that this is all there is in the affair.”…
1Opinion of the CourtAtkinson, J.
1. The declaration, as it appears in the record, without amendment, sets forth a cause of action, and the general demurrer thereto was properly overruled.
2. The office of a demurrer is to test the legal sufficiency of ^a declaration upon the facts as they are therein alleged; and being so limited, its scope cannot, by an agreed statement of facts which neither amends nor purports to amend the declaration, be extended to cover questions which might arise upon a motion for nonsuit upon a statement of facts otherwise than by the declaration appearing. Judgment affirmed.
Dorsey, Brewster &…
2Cited by17 opinions
- Hicks v. BeachamSupreme Court of Georgia · 1908
- Holcombe v. JonesSupreme Court of Georgia · 1944
- Chicago Building & Manufacturing Co. v. Talbotton Creamery & Manufacturing Co.Supreme Court of Georgia · 1898
- Crowley v. CalhounSupreme Court of Georgia · 1925
- Hirsch v. Northwestern Mutual Life Ins. Co.Supreme Court of Georgia · 1941
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