Legal Opinion

Advertiser Co. v. Jones

Supreme Court of Alabama

Decided July 6, 1910PublishedCited by 18 opinions

Libel. Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by Campbell Jones against tbe Advertiser Company for libel. From a judgment for plaintiff for $5,000, defendant appeals. Tbe pleadings and tbe facts sufficiently appear in tbe opinion of tbe court.

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Libel. Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by Campbell Jones against tbe Advertiser Company for libel. From a judgment for plaintiff for $5,000, defendant appeals. Tbe pleadings and tbe facts sufficiently appear in tbe opinion of tbe court. Tbe following charges were refused to tbe defendant: (4) “Implied malice, as that term is used in connection with this transaction, means a conscious disregard of tbe truth or falsity of tbe publication on tbe part of tbe defendant, or thosé responsible for tbe publication, at or before tbe publication was made.” (7)…

1Opinion of the CourtMayfield, J.

This action is for libel. The complaint at one time contained a great number of counts. All except counts 7 and 8 were eliminated, of which appellant cannot complain, because of no possible injury to it. The remaining counts, 7 and 8, were both in Code form, and declared on the same publication. Count 7 declared on only a part of the publication, while count 8 set out the publication in extenso. The alleged publication contained, among other matters, the following, as headlines:

“Will File Grave Charges Against a City Official.
“Street Superintendent Accused of Misconduct.
“Jones Sold City’s…

2Cases cited30 opinions

  1. Johnson v. BrownWest Virginia Supreme Court · 1878
  2. Paxton v. WoodwardMontana Supreme Court · 1904
  3. Ferdon v. DickensSupreme Court of Alabama · 1909
  4. Whipple v. Cumberland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1843
  5. Upton v. HumeOregon Supreme Court · 1893

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3Cited by18 opinions

  1. New York Times Company v. SullivanSupreme Court of Alabama · 1962
  2. Johnson Publishing Co. v. DavisSupreme Court of Alabama · 1960
  3. Starks v. ComerSupreme Court of Alabama · 1914
  4. Rosenberg v. MasonSupreme Court of Virginia · 1931
  5. Tidmore v. MillsAlabama Court of Appeals · 1947

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