Hunt v. Fidelity Mutual Life Insurance
Supreme Court of Alabama
(McClellan, Mayfield and Evans, JJ., dissent in part.) Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by W. A. Hunt against the Mutual Fidelity Life Insurance Company. From a judgment for defendant, plaintiff appeals.
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(McClellan, Mayfield and Evans, JJ., dissent in part.) Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by W. A. Hunt against the Mutual Fidelity Life Insurance Company. From a judgment for defendant, plaintiff appeals. The complaint is in the following language: Count 1: “Plaintiff claims of the defendant the sum of $1,999.99 damages for falsely and maliciously publishing of and concerning him, in a printed circular, or printed paper, or printed bulletin, the following printed words, with intent to defame the plaintiff, viz.: ‘The conviction of a swindler. William…
1Opinion of the CourtMayfield, J.
This was an action of libel. The original complaint contained three counts. Each set out the alleged libelous publication. Demurrers to the complaint were overruled, and the defendant filed eight pleas. The first three set up the general issue. The others Avere attempts to set up justification, the truth of the matter published, and that its publication was *195privileged. The special pleas were several times amended; demurrers being interposed after each amendment. Finally the defendant withdrew the pleas, setting up the general issue, and relied solely upon the special pleas. Plaintiff’s…
2Cases cited4 opinions
- Bradstreet Co. v. GillTexas Supreme Court · 1888
- Holt v. ParsonsTexas Supreme Court · 1859
- Kent v. BongartzSupreme Court of Rhode Island · 1885
- Grant v. HaynesSupreme Court of Louisiana · 1901
3Cited by2 opinions
- Ex Parte NolenSupreme Court of Alabama · 1931
- Bryant v. Hartford Fire Ins. Co.Supreme Court of Alabama · 1935