McCarlie v. Atkinson
Mississippi Supreme Court
From the circuit court of Pike county. IÍON. JeffersoN Truly, Judge. McCarlie, the appellant, was the plaintiff in the court below; Atkinson, the appellee, was defendant there. The facts are stated in the opinion of the court.
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From the circuit court of Pike county. IÍON. JeffersoN Truly, Judge. McCarlie, the appellant, was the plaintiff in the court below; Atkinson, the appellee, was defendant there. The facts are stated in the opinion of the court. The replication, omitting its formal parts, was as follows: “The libelous letter was prepared, written and published by the defendant November 'll, 1897, and by him sent through the mails to W. C. Hurt Tobacco Company, at Danville, Virginia . . . and the defendant by fraudulent concealment kept plaintiff wholly in ignorance of said libelous letter until nine months…
1Opinion of the Court
Terral, <J.,
delivered the opinion of the court.
McOarlie sued Atkinson in the circuit court of Pike county in the sum of $84,000 damages for a libel in saying of him, in a letter to W. C. Hurt Tobacco Company, of Danville, Ya.; “that he (McOarlie) was not safe for a credit of $125, and that he had never paid, his debts;” to a plea of the statute of limitations of one year, the plaintiff replied that defendant had fraudulently concealed said cause of action until within one year before suit brought. A demurrer to said replication being sustained, the plaintiff appeals.
The libel in this case was…
2Cases cited1 opinion
- Barrier v. KellyMississippi Supreme Court · 1903
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- Staheli v. SmithMississippi Supreme Court · 1989
- Walley v. HUNTMississippi Supreme Court · 1951
- Wilder v. St. Joseph HospitalMississippi Supreme Court · 1955
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