Legal Opinion

Franklin v. Browne

Supreme Court of Georgia

Decided April 15, 1881PublishedCited by 1 opinion

Slander. Actions. Damages. Pleadings. Before Judge HlLLYER. Fulton Superior Court. April Term, 1881. Browne brought suit against Franklin for slanderous words uttered about him.

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Slander. Actions. Damages. Pleadings. Before Judge HlLLYER. Fulton Superior Court. April Term, 1881. Browne brought suit against Franklin for slanderous words uttered about him. The declaration was in the short form of complaint, and the body of it alleged as follows: “ The petition of Edward B. M. Browne showeth that Max Franklin, of said county, has injured and damaged your petitioner in the sum of twenty thousand dollars, by falsely and maliciously saying of and concerning your petitioner, on the third day of January, eighteen hundred and eighty-one, the following false and malicious…

1Opinion of the Court

Jackson, Chief Justice.

The principle involved in this demurrer is ruled mainly in the case of Jacob Elsas vs. E. B. M. Browne, decided at this term. In addition to the reasons given there for the judgment therein rendered, this makes a stronger case, because the words herein alleged not only charge the plaintiff with “ being guilty of a debasing act, which may exclude him from society,” but also make charges *274against him “ in reference to his office and profession, calculated to injure him therein.”

The words charge that he “used and embezzled the' money (meaning the said seventy-five dollars)…

2Cited by1 opinion

  1. Flanders v. DaleySupreme Court of Georgia · 1904

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