Pool v. Devers
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. C. ~W. RapieR. This action was brought by Marmaduke Devers, against James Bonham and James Pool, to recover damages for the false and malicious speaking by the defendants of certain words charging plaintiff with the crime of petit larceny. The defendants demurred to the complaint, “on the ground that two persons could not be joined in verbal slander.”
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. C. ~W. RapieR. This action was brought by Marmaduke Devers, against James Bonham and James Pool, to recover damages for the false and malicious speaking by the defendants of certain words charging plaintiff with the crime of petit larceny. The defendants demurred to the complaint, “on the ground that two persons could not be joined in verbal slander.” The court sustained the demurrer, and allowed the plaintiff to amend “by discontinuing the suit as to James Bonham, and striking his name from the declaration.” The defendants…
1Opinion of the Court
"WALKER, J.
The amendment of the complaint, by striking out the name of Bonham, was certainly permissible under section 2403 of the Code. — Wilkinson v. Moseley, at the present term.
2. "Upon the trial, the plaintiff proved that he was a poor man. The defendant did not, at the time when this evidence was introduced, make any objection, but afterwards moved the court to exclude it. This evidence was illegal. The right of recovery, in an action of slander, cannot be determined, nor can the amount of the recovery be measured, by reference to the pecuniary condition of the plaintiff. That the…
2Cases cited13 opinions
- Goldsmith, Forcheimer & Co. v. PicardSupreme Court of Alabama · 1855
- Ware v. CartledgeSupreme Court of Alabama · 1854
- McCreary v. TurkSupreme Court of Alabama · 1856
- Robinson v. DrummondSupreme Court of Alabama · 1854
- Pearsall v. McCartneySupreme Court of Alabama · 1856
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3Cited by20 opinions
- INDUSTRIAL CHEMICAL AND FIBERGLASS CORP. v. ChandlerSupreme Court of Alabama · 1989
- Gafford v. StateSupreme Court of Alabama · 1899
- Gregory v. StateSupreme Court of Alabama · 1903
- Southern Life and Health Ins. Co. v. WhitmanSupreme Court of Alabama · 1978
- Diggs v. StateSupreme Court of Alabama · 1873
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