Ware v. Clowney
Supreme Court of Alabama
Error, to the Circuit Court of Shelby. The record does not show the name of the presiding judge. This was an action of slander, by Clowney against Ware.
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Error, to the Circuit Court of Shelby. The record does not show the name of the presiding judge. This was an action of slander, by Clowney against Ware. The declaration contains two counts : The first avers, in substance, that the plaintiff was by trade a clerk, and at the time of the grievance complained of was in the employment of the defendant and one McCIanahan, partners in the manufacturing of iron, as such; that the defendant, to vex, harrass, impoverish, oppress, and wholly ruin him, the plaintiff, in his said trade and occupation, and otherwise, in a discourse which he had of the…
1Opinion of the CourtChilton, C. J.
We may concede, that the words alleged as slanderous are not actionable, as imputing a criminal charge; but then the question comes up, Are they not actionable, per se, when connected by the colloquium and innuendo with the business or trade of the plaintiff as clerk 1 We have looked into the cases upon the subject with much care, and, although our *710first impression was the other way, we are satisfied that the declaration is good. It is averred, that the words were spoken of and concerning the plaintiff and his conduct as clerk, with intent to injure him in his said calling or trade. The words…
2Cases cited4 opinions
- Jackson ex dem. Rogers v. ClarkNew York Supreme Court · 1810
- Backus v. RichardsonCourt for the Trial of Impeachments and Correction of Errors · 1809
- Johnson v. RobertsonSupreme Court of Alabama · 1839
- Ostrom v. CalkinsNew York Supreme Court · 1830
3Cited by4 opinions
- Age-Herald Publishing Co. v. WatermanSupreme Court of Alabama · 1913
- Gaither v. Advertiser Co.Supreme Court of Alabama · 1893
- Albert Miller & Co. v. CorteCourt of Appeals for the Fifth Circuit · 1939
- Albert Miller & Co. v. CorteCourt of Appeals for the Fifth Circuit · 1939