Mohr v. Lemle
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Tried before Iíoír. James Q. Smith. This was an action for libel brought by Alex. Mohr, the appellant, who is described in the summons and the complaint as “ doing business under the firm name and style of Alex.
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Appeal from Montgomery Circuit Court. Tried before Iíoír. James Q. Smith. This was an action for libel brought by Alex. Mohr, the appellant, who is described in the summons and the complaint as “ doing business under the firm name and style of Alex. Mohr, Agent,” against Leopold Lemle, the appellee ; and was commenced on the 22d April, 1878. The libel declared on in the complaint as originally filed, which contained only one count, is thus averred therein: “ And the said defendant . . . . to-wit: on 20th day of March, 1878, aforesaid, did compose, write and publish, in a certain letter…
1Opinion of the Court
BRICKELL, C. J".
The general rule, that the allegations and proof must correspond, is applied to actions for slander, verbal or written. The words proved must correspond substantially with the words alleged. The complaint, or declara^tion, can not be supported by proof of words differing from the words alleged, though of equivalent import. — 2 Brick. Dig. 208, § 93. It has not been insisted that the libel given in evidence would have been admissible under the original complaint. The libel therein described was, according to the averments, written and published at a different time from that…
2Cases cited5 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- King v. AverySupreme Court of Alabama · 1861
- Lansford v. ScottSupreme Court of Alabama · 1874
- Stringer v. WatersSupreme Court of Alabama · 1879
- Weston v. WordenNew York Supreme Court · 1839
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- Nelson v. First National Bank of MontgomerySupreme Court of Alabama · 1903
- Louisville & Nashville Railroad v. WoodsSupreme Court of Alabama · 1894
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