Spruil v. Cooper
Supreme Court of Alabama
Error to the Circuit Court of Marion. Tried before the Hon. Geo. Goldthwaite. This was an action of slander by the defendant against the plaintiff in error, for charging him with the offence of perjury. Plea of justification. The proof tended to sustain the plea.
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Error to the Circuit Court of Marion. Tried before the Hon. Geo. Goldthwaite. This was an action of slander by the defendant against the plaintiff in error, for charging him with the offence of perjury. Plea of justification. The proof tended to sustain the plea. The court charged the jury that they .should be convinced of the truth of the facts which are necessary to sustain the plea beyond a reasonable doubt, and that a predominance of evidence in favor of said plea, unless it so convinced their minds, would not authorise a finding in its favor. To this .charge the defendant excepted, and…
1Opinion of the CourtDargan, C. J.
In an action of slander for charging the plaintiff with perjury, if the defendant plead the truth of the charge in bar of the action, he must introduce such proof in support of his plea as would be required to convict the plaintiff on an indictment for that offence. Wooddeck v. Keller, 6 Cow. 118; 16 Wend. 601; 7 Blackf. 83. The extent of this rule, however, is that the defendant must sustain his plea by two witnesses, at the least, or by one witness and corroborating circumstances. When this is done, the jury are then to weigh the evidence in support of the plea, as they would in any other…
2Cases cited4 opinions
- Woodbeck v. KellerNew York Supreme Court · 1826
- Clark v. DibbleNew York Supreme Court · 1837
- Byrket v. MonohonIndiana Supreme Court · 1844
- Lazarus v. LewisSupreme Court of Alabama · 1843
3Cited by7 opinions
- Ferdon v. DickensSupreme Court of Alabama · 1909
- Sundquist v. Hardware Mutual Fire Insurance Co. of MinnesotaIllinois Supreme Court · 1939
- Hereford v. CombsSupreme Court of Alabama · 1899
- Downing v. BrownSupreme Court of Colorado · 1877
- McClaugherty v. CooperWest Virginia Supreme Court · 1894
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