Keiser v. Smith
Supreme Court of Alabama
Appeal from Lee Circuit Court. Tried before Hon. H. D. ClaytoN. The facts are sufficiently stated in the opinion. (1) The court erred in admitting the newspaper articles in evidence.
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Appeal from Lee Circuit Court. Tried before Hon. H. D. ClaytoN. The facts are sufficiently stated in the opinion. (1) The court erred in admitting the newspaper articles in evidence. “ The provocation, to entitle it to be given in evidence in mitigation, must be so recent and immediate as to induce the presumption, that the violence was committed under the immediate influence of the feelings and passions excited by it.” — Sedg. on Dam. p. 688; Ireland v. Elliott, 5 Iowa, 478; Willis v. Forrest, 2 Duer, 310; Collins v. Todd, 17 Mo. 537; Tysmi v. Booth, 100 Mass. 258 ; Ooxe v. Whitney, 9 Mo.…
1Opinion of the CourtSomerville, J.
The action is one of trespass for an assault and battery committed on the appellant, Keiser, by the ap-pellee. The defendant, under the plea of the general issue, offered in evidence, to mitigate damages, certain libellous articles published by the plaintiff in a newspaper called the Ope-lika Times, and defamatory of one D. B. Smith, a brother of the defendant. The two brothers, accompanied by one Dow-dell, went to the office of the plaintiff, and, after making an ineffectual demand of retraction, severely beat the plaintiff. The court admitted the libellous articles, published in the…
2Cases cited8 opinions
- Felix v. StateSupreme Court of Alabama · 1851
- Lee v. WoolseyNew York Supreme Court · 1822
- Coxe v. WhitneySupreme Court of Missouri · 1845
- Ireland v. ElliottSupreme Court of Iowa · 1858
- Thrall v. KnappSupreme Court of Iowa · 1864
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Jarvis v. StateSupreme Court of Alabama · 1902
- Johnson v. JohnsonSupreme Court of Alabama · 1917
- Byrd v. StateSupreme Court of Alabama · 1952
- Ragland v. StateSupreme Court of Alabama · 1899
- Conroy v. Fall River Herald News Publishing Co.Massachusetts Supreme Judicial Court · 1940
17 more not listed; retrieve them via the Exa API.