Henderson v. Hale
Supreme Court of Alabama
ERROR to the Circuit Court of Cherokee. Tried before the Hon. S. C. Posey. 1. Libel has always been treated with sterner vigor than slander; “ because it must have been effected with coolness and deliberation, and must be more permanent and extensive in its operation than words.” — White v. Nieholls, 3 Howard’s (U. S.) Rep. 285. — Weir v. Hoss and Wife, 6 Ala. 881. 2. Actions may be maintained for defamatory words published in writing or in print, which would not have been…
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ERROR to the Circuit Court of Cherokee. Tried before the Hon. S. C. Posey. 1. Libel has always been treated with sterner vigor than slander; “ because it must have been effected with coolness and deliberation, and must be more permanent and extensive in its operation than words.” — White v. Nieholls, 3 Howard’s (U. S.) Rep. 285. — Weir v. Hoss and Wife, 6 Ala. 881. 2. Actions may be maintained for defamatory words published in writing or in print, which would not have been actionable if spoken. — 3 Howard’s U. S. Rep. 285 ; Levi-v. Milne, 13 Eng. Com. Law, 396; 6 Ala. 881. 3. Words not…
1Opinion of the CourtChilton, J.
This was an action on the case brought by the plaintiff in error, against the defendant in the Circuit Court of Cherokee.
The declaration contained seven counts. The defendant demurred to the fourth count, which demurrer ivas sustained, and he pleaded to the first, second, third and fifth, not guilty, and justification. To these pleas the plaintiff demurred, and the defendant asked that the demurrer should be visited upon the counts to which the pleas related, and the court considering said counts insufficient visited the demurrer .upon them, and held them bad; thereupon, the plaintiff entered…
2Cases cited3 opinions
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Weir v. HossSupreme Court of Alabama · 1844
- Sykes v. LewisSupreme Court of Alabama · 1850
3Cited by9 opinions
- Kee v. Armstrong, Byrd & Co.Supreme Court of Oklahoma · 1919
- Penry v. DozierSupreme Court of Alabama · 1909
- Wofford v. MeeksSupreme Court of Alabama · 1900
- Gaither v. Advertiser Co.Supreme Court of Alabama · 1893
- Iron Age Publishing Co. v. CrudupSupreme Court of Alabama · 1888
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