Legal Opinion
Barker v. Green
Court of Appeals of Georgia
Decided November 18, 1925No. 16515PublishedCited by 4 opinions
1Opinion of the CourtBell, J.
1. It is slanderous per se to falsely utter and publish a statement, with reference to a married woman, to the effect that she is the common wife of her husband and another man. Malice and damage will be inferred. Civil Code (1910), §§ 4429, 4433; Sparks v. Bedford, 4 Ga. App. 13 (1) (60 S. E. 809) ; Holmes v. Clisby, 118 Ga. 820 (45 S. E. 684).
2. Malice is an “aggravating circumstance.” The existence of malice would not be conclusively rebutted by proof of a retraxit, accompanied by an explanation that the words were spoken merely in jest, and only for the purpose of “teasing” the person to…
2Cases cited9 opinions
- Southern Railway Co. v. ChambersSupreme Court of Georgia · 1906
- Holmes v. ClisbySupreme Court of Georgia · 1903
- Culberson v. Alabama Construction Co.Supreme Court of Georgia · 1907
- Georgia Railway & Electric Co. v. BakerSupreme Court of Georgia · 1906
- Southern Railway Co. v. HardenSupreme Court of Georgia · 1897
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3Cited by4 opinions
- Atlanta Journal Co. v. DoyalCourt of Appeals of Georgia · 1950
- Van Gundy v. WilsonCourt of Appeals of Georgia · 1951
- Franklin v. EvansCourt of Appeals of Georgia · 1937
- Wyatt v. BakerCourt of Appeals of Georgia · 1930