Thirman v. Matthews
Supreme Court of Alabama
Robert Matthews brought an.action for slander against John Thirman, in the Circuit Court of Morgan county. The venue was changed on the application and shewing of the plaintiff, to the county of Limestone, where the cause was tried. The declaration, which was filed in Limestone county, consisted of three counts.
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Robert Matthews brought an.action for slander against John Thirman, in the Circuit Court of Morgan county. The venue was changed on the application and shewing of the plaintiff, to the county of Limestone, where the cause was tried. The declaration, which was filed in Limestone county, consisted of three counts. The first charged the defendant with speaking of the plaintiff in a conversation with one Daniel Thirman, and some others,' those words : “ Brother Daniel, state to the company about Robert Matthews, Esq. the counterfeiter of Morgan county.’* Innuendo, that the plaintiff h >d been…
1Opinion of the Court
JUDGE CRENSHAW
delivered the opinion of the Court.
The errors insisted on maybe reduced to three. 1st. That the words laid in the counts of the declaration are not actionable. 2nd. That some of the counts are bad, and the verdict is general; and 3rd. That there is neither time nor venue laid in the second and third counts.
Words to be actionable in themselves must convey a clear and direct imputation of crime ; they must charge an indictable offence which either involves moral turpitude, or which if true, would subject a party to infamous punishment. A colloquium is necessary where the words are…
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