Legal Opinion

Commons v. Walters

Supreme Court of Alabama

Decided January 15, 1835PublishedCited by 6 opinions

Error from Perry Circuit Court¡ The plaintiff below, who is also the plaintiff’ in error, brought an action of slander against the defendant. The declaration contained several counts.

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Error from Perry Circuit Court¡ The plaintiff below, who is also the plaintiff’ in error, brought an action of slander against the defendant. The declaration contained several counts. Some of them set forth a certain proceeding before one Lowe, a justice of the peace, in which the plaintiff had made an affidavit, to bind the defendant to keep the peace ; and charged the defendant with having said, in reference to the oath that the plaintiff took, in making the affidavit, that the plaintiff swore a lie. One ' count charged the defendant with having said to the plaintiff,. “ you arc perjured,.”…

1Opinion of the Court

Ey Mr. Chief Justice Saffodd :

The present plaintiff brought an action of slander against; the defendant, in the Circuit Court. The declaration contains seven counts — two of which only, arc necessary to be particularly noticed. The first,, charges a colloquium by the defendant, of and concerning a proceeding which had been instituted by the plaintiff against this defendant, for the. purpose of having the latter recognized to keep the peace ; which complaint it is alleged liad been made before, and the proceedings had by, and in virtue of the authority of Thomas I,owe, a justice of the peace.…

2Cases cited2 opinions

  1. Lea v. RobertsonSupreme Court of Alabama · 1827
  2. Harris v. PurdySupreme Court of Alabama · 1827

3Cited by6 opinions

  1. Marion v. DavisSupreme Court of Alabama · 1927
  2. Penry v. DozierSupreme Court of Alabama · 1909
  3. Haley v. StateSupreme Court of Alabama · 1879
  4. Easley v. MossSupreme Court of Alabama · 1846
  5. Haynes v. PhillipsSupreme Court of Alabama · 1924

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