Legal Opinion

Long v. Musgrove

Supreme Court of Alabama

Decided December 15, 1883PublishedCited by 6 opinions

Appeal from Walker Circuit Court. Tried before Hon. S. H. Spkott. The nature of this action is sufficiently stated in the opinion.

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Appeal from Walker Circuit Court. Tried before Hon. S. H. Spkott. The nature of this action is sufficiently stated in the opinion. The third count of the complaint is in these words: “ And the plaintiff claims of the defendant the further sum of two thousand five hundred dollars, as damages for falsely and maliciously charging the plaintiff with larceny, by speaking of and concerning him in the presence of divers persons, in substance as follows: That on the night the ballot boxes were stolen from the sheriff’s office, he, defendant, was up in town looking for Buddie, and thought he was on…

1Opinion of the CourtStone, J.

The present was an action for slanderous words, alleged to have been uttered by appellee, of and concerning appellant. In the first and second counts, the alleged words import a charge of larceny of ballot boxes. The words charged in the third count do not, unaided, impute the commission of any indictable offense. Tuis count avers that by the utterance of the words charged, the defendant falsely and maliciously charged the plaintiff with larceny, and that thereby he, the defendant, intended to create in the minds of the persons who heard him, the impression that the plaintiff had aided in…

2Cases cited2 opinions

  1. Campbell v. CampbellWisconsin Supreme Court · 1882
  2. Rountree v. StateSupreme Court of Alabama · 1877

3Cited by6 opinions

  1. Penry v. DozierSupreme Court of Alabama · 1909
  2. Loeb v. WebsterSupreme Court of Alabama · 1925
  3. Chandler v. Francis Vandegrift Shoe Co.Supreme Court of Alabama · 1891
  4. Albert Miller & Co. v. CorteCourt of Appeals for the Fifth Circuit · 1939
  5. Albert Miller & Co. v. CorteCourt of Appeals for the Fifth Circuit · 1939

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