Adams v. Ward
Supreme Court of Alabama
In the Circuit Court of Madison county, Adams declared against Ward for saying of him, “he has stolen hogs, and I can prove it.” . There were several counts in the declaration, in which the form of the accusation alleged to have been made, was varied. Verdict and judgement for the plaintiff, for one cent damages and one cent costs.
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In the Circuit Court of Madison county, Adams declared against Ward for saying of him, “he has stolen hogs, and I can prove it.” . There were several counts in the declaration, in which the form of the accusation alleged to have been made, was varied. Verdict and judgement for the plaintiff, for one cent damages and one cent costs. On the trial, the defendant gave in evidence, that stray hogs had some time before ranged about ten miles from plaintiff’s residence, and one Brown, in whose neighbour-hood they were, inquired of plaintiff if he had lost such hogs, and he said that he had not.…
1Opinion of the Court
JUDGE SAFFOLD
delivered the opinion of the Court.
In actions of this nature, it is a general rule, that the defendant unde< the general issue cannot give evidence of the truth of the charge made bv the words ; that if he would insist on its truth, he must bv pleading a justification, give notice to the plaintiff, that on the trial, he will attempt to sustain the charge. Flow far proof of suspicious circumstances not amounting to justification are admissible under the plea of not guilty, is a question which does not appear to be well settled, and one in which there appears to have been great…
2Cited by1 opinion
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