Arrington v. Jones
Supreme Court of Alabama
Error to Butler Circuit court. Slander — before Crenshaw, J. This was an action of slander, brought by the plaintiff, against the defendant in error. The words charged to have been spoken are, — <:he (meaning the plaintiff) swore to a positive lie in open court, in the case between Waters and me.”
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Error to Butler Circuit court. Slander — before Crenshaw, J. This was an action of slander, brought by the plaintiff, against the defendant in error. The words charged to have been spoken are, — <:he (meaning the plaintiff) swore to a positive lie in open court, in the case between Waters and me.” The defendant pleaded not guilty— and on the trial of the issue, the plaintiff having proved the speaking of the scandalous words charged in the declaration — the court permitted the defendant, in mitigation' of damages, to prove what the plaintiff had sworn to, on the trial of the case of Jones vs.…
1Opinion of the CourtOrmond, J.
It has long been considered as the settled law, in actions of this description, that the defendant cannot, under the general issue, give in evidence the truth of the charge, but must plead it specially. The léading case on the subject, is Underwood vs. Parks, (2 Strange, 1200.) The case is thus stated: “ In an action for words, the defendant pleaded not guilty, and offered to prove the words to be true, in mitigation of damages, *141which the Chief Justice refused to permit, saying, that at a meeting of all the judges, upon a case that arose in the common pleas, a large majority of them had…
2Cases cited1 opinion
- Wormouth v. CramerNew York Supreme Court · 1829
3Cited by2 opinions
- Scott v. McKinnishSupreme Court of Alabama · 1849
- Regnier v. CabotIllinois Supreme Court · 1845