Witham v. Atlanta Journal
Supreme Court of Georgia
Action for libel. Before Judge Reid. City court of Atlanta., September 22, 1904. This action was. brought by W. S. Witham against the Atlanta. Journal. After a jury had been impaneled, and before any evidence-was introduced, the defendant made an oral motion to dismiss the petition, which was sustained, and the plaintiff excepted.
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Action for libel. Before Judge Reid. City court of Atlanta., September 22, 1904. This action was. brought by W. S. Witham against the Atlanta. Journal. After a jury had been impaneled, and before any evidence-was introduced, the defendant made an oral motion to dismiss the petition, which was sustained, and the plaintiff excepted. The alleged libelous language declared on constituted an article in a newspaper published by the defendant in Atlanta, and, including headlines, was as follows: “WITHAM BANK AT BARNESYILLE ASSIGNS. “People’s Bank has made an Assignment following Failure to' pay…
1Opinion of the CourtFish, C. J.
(After stating the facts.) We think it clear from the language of the publication, that, with the exception of the concluding sentence thereof, no statement of fact therein was made of and concerning the plaintiff as an individual; and that it contained no charge on the plaintiff, in reference to his business or trade. The use of the plaintiff’s surname as an adjective descriptive of the par*691ticular bank which, was alleged to have assigned was merely incidental to the charge made in the article against .the bank. It was hot charged that the plaintiff had assigned, which might have amounted to…
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