Haynes v. Phillips

The suit is for slander. The time of the alleged slander was under the videlicet; and though it is alleged to have been on August 7, 1919, and the proof 'shows that the alleged statement was about August 7, 1919, the variance would not warrant the giving of the , affirmative charge. Hill Gro. Co. v. Caldwell (Ala. Sup.) 99 South. 354; Dothan Gro. Co. v. Dowling, 204 Ala. 224, 85 South. 498; Western Assur. Co. v. Hann, 201 Ala. 376, 78 South. 232; Cent. L. & T. Co. v. McClure L. Co., 180 Ala. 606, 61 South. 821; Henry v. McNamara, 114 Ala. 107, 22 South. 428.

The general affirmative charge…