Scott v. McKinnish
Supreme Court of Alabama
Error to the Circuit Court of Cherokee. Before the Hon. Sidney C. Posey. This was an action of slander, instituted by defendants against plaintiff in error. A sufficient notice of the first sount in the declaration, and the evidence adduced under it, will be found in the opinion of the court. The second count charges the speaking of the words, “ McKinnish’s wife has been counted a whore“ is a whore.” Plea, not guilty.
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Error to the Circuit Court of Cherokee. Before the Hon. Sidney C. Posey. This was an action of slander, instituted by defendants against plaintiff in error. A sufficient notice of the first sount in the declaration, and the evidence adduced under it, will be found in the opinion of the court. The second count charges the speaking of the words, “ McKinnish’s wife has been counted a whore“ is a whore.” Plea, not guilty. The words proved as applicable to the second count are, “ she is a whorish bitch.” The defendant below objected to this proof, but the court overruled his objection. Plaintiffs…
1Opinion of the CourtCollier, C. J.
The testimony of the first witness proved, substantially, one of the charges which the declaration alleges, in very obscene terms, was made by the defendant against the female plaintiff, and the court properly refused to reject it at the defendants instance. Perhaps the plaintiffs might have objected to the rejection by the court mero motu, of a part of this evidence on the ground that the language was too indecent to be used; but this seems to have been acquiesced in by both parties.
It was clearly incompetent for the defendant to show on *664the cross-examination of the plaintiff’s witnesses, or…
2Cases cited17 opinions
- Root v. King & VerplanckNew York Supreme Court · 1827
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- Easley v. MossSupreme Court of Alabama · 1846
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3Cited by16 opinions
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