Penry v. Dozier
Supreme Court of Alabama
Appeal from Perry Circuit Court. Heard before Hon. B. M. Miller. Action by A. D. Penry against C. H. Dozier, for libel and slander. Judgment for defendant and plaintiff appeals. Tbe court erred in sustaining the demurrer to the 1st count. — Trimble v. Anclerson 79 Ala. 514; Iron Age Pub.
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Appeal from Perry Circuit Court. Heard before Hon. B. M. Miller. Action by A. D. Penry against C. H. Dozier, for libel and slander. Judgment for defendant and plaintiff appeals. Tbe court erred in sustaining the demurrer to the 1st count. — Trimble v. Anclerson 79 Ala. 514; Iron Age Pub. Co. v. Grudup, 85 Ala. 519; Ivey v. P. S. & L. Go., 113 Ala. 349; Hereford v. Gombs, 126 Ala. 369; Lee v. Grump, 40 South. 609; 25 Oye. pp. 255, 261-2. On these authorities it is insisted that the words used were libelous per se, and that the court erred in sustaining demurrers to the other counts. The court…
1Opinion of the CourtMayfield, J.
This is an action of libel and slander brought by appellant against appellee.
The original complaint consisted of nine counts — the first, in libel, being predicated upon a letter written by the defendant to one W. S. Randall, of Marion Junction; the second, in libel, predicated upon a letter written by the defendant to- the plaintiff; the third, in slander, charging that the plaintiff is a thief, thereby meaning that he had stolen a chicken; the fourth, in slander, charging plaintiff with false pretense, in that he had returned the wrong chicken to the defendant, that plaintiff had made…
2Cases cited23 opinions
- First National Bank v. ChandlerSupreme Court of Alabama · 1905
- Ware v. CartledgeSupreme Court of Alabama · 1854
- Wofford v. MeeksSupreme Court of Alabama · 1900
- Woodward Iron Co. v. AndrewsSupreme Court of Alabama · 1896
- Gaither v. Advertiser Co.Supreme Court of Alabama · 1893
18 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- New York Times Company v. SullivanSupreme Court of Alabama · 1962
- Kee v. Armstrong, Byrd & Co.Supreme Court of Oklahoma · 1919
- McDaniel v. Crescent Motors, Inc.Supreme Court of Alabama · 1947
- McGraw v. ThomasonSupreme Court of Alabama · 1957
- Weir v. Brotherhood of Railroad TrainmenSupreme Court of Alabama · 1929
30 more not listed; retrieve them via the Exa API.