Lea v. Robertson
Supreme Court of Alabama
In the Circuit Court of Perry county, Robertson brought an action against Lea and wife, for slanderous words spoken by Mrs Lea of him. The words charged in the first count were, “ he is perjured in the second count “ he has committed perjury,” with other counts, stating other forms of expression.
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In the Circuit Court of Perry county, Robertson brought an action against Lea and wife, for slanderous words spoken by Mrs Lea of him. The words charged in the first count were, “ he is perjured in the second count “ he has committed perjury,” with other counts, stating other forms of expression. On the trial, after the testimony had been closed, and when the counsel for the plaintiff were commencing their argument to the jury, the defendants asked leave to withdraw their second plea, (which was a plea of justification,) on the ground that they had offered no evidence to support, and did not…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the Court.
Ie it be an aggravation of the injury, when an action is brought for slanderous words spoken, to file a plea of justification, without proof to sustain it: the defendant after it has been spread upon the record, read to the jury, and perhaps several wounding attempts made to sustain it, and when he finds that it will not avail, should not be permitted to withdraw it, and thereby delude the jury with the belief that he is disposed to appreciate the feelings and rights of the plaintiff. We believe that the Circuit Court was right in refusing to…
2Cited by3 opinions
- Hereford v. CombsSupreme Court of Alabama · 1899
- Weimer v. LoweryCalifornia Supreme Court · 1858
- Commons v. WaltersSupreme Court of Alabama · 1835