Ware v. Cartledge
Supreme Court of Alabama
Error to the Circuit Court of Tallapoosa. Tried before the Hon. Robert Dougherty. This was an action of slander for words spoken imputing eo the plaintiff a want of chastity; she being an unmarried woman under the age of twenty-one years, and suing by her next friend. There was a demurrer to the declaration, which was overruled.
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Error to the Circuit Court of Tallapoosa. Tried before the Hon. Robert Dougherty. This was an action of slander for words spoken imputing eo the plaintiff a want of chastity; she being an unmarried woman under the age of twenty-one years, and suing by her next friend. There was a demurrer to the declaration, which was overruled. The several rulings of the court on the trial, to which exceptions were taken, are set out in the opinion. 1. The declaration is defective, because it contains no suffi- *v cient averment of the publication of the words. The discourse is limited to one-, and there is…
1Opinion of the CourtLigon, J.
The demurrer to the declaration, and to each count of it, was correctly overruled. The only objection taken to it as a whole, or to any of its several counts, is, that in that portion of it in which the speaking and publishing of the slanderous words is averred, they are averred to have been spoken in the presence of a person whose name is left blank. The words spoken are actionable in themselves, and it is sufficient to aver that they were spoken and published of and concerning the plaintiff. This averment necessarily implies the presence of some one, to whom, or in whose presence, publicity…
2Cases cited2 opinions
- Bennett v. HydeSupreme Court of Connecticut · 1825
- Case v. MarksSupreme Court of Connecticut · 1850
3Cited by34 opinions
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- INDUSTRIAL CHEMICAL AND FIBERGLASS CORP. v. ChandlerSupreme Court of Alabama · 1989
- Cox v. StateSupreme Court of Alabama · 1909
- Southern Life and Health Ins. Co. v. WhitmanSupreme Court of Alabama · 1978
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