Sternau v. Marx
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before tbe Hon. Jas. E. Cobb. Action was brought -by Simon Marx, appellee, ‘against Henry Sternau and his wife, Sarah Sternau, for $10,000, for— as alleged — “falsely and maliciously charging the plaintiff with tbe crime of embezzlement, by speaking of and concerning Mm in tbe presence of divers persons, under tbe following circumstances: The plaintiff, who was a clerk in the store of the defendant, Henry Sternau, bad sold a pair…
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Appeal from the Circuit Court of Macon. Tried before tbe Hon. Jas. E. Cobb. Action was brought -by Simon Marx, appellee, ‘against Henry Sternau and his wife, Sarah Sternau, for $10,000, for— as alleged — “falsely and maliciously charging the plaintiff with tbe crime of embezzlement, by speaking of and concerning Mm in tbe presence of divers persons, under tbe following circumstances: The plaintiff, who was a clerk in the store of the defendant, Henry Sternau, bad sold a pair of shoes from said store to one Simon Oppenheimer; tbe defendant, Sarab Sternau, afterwards saw tbe said shoes on tbe…
1Opinion of the Court
BRICKELL, C. J,
1. Repeated decisions have settled that a judgment on demurrer is not open to revision if it is shown only by the bill of exceptions.
2. It was competent for the defendants to have shown the facts and circumstances, in reference to which the words were spoken, for these often negative the intention to impute crime, which the words themselves may import.— Williams v. Cawley, 18 Ala. 206.
8. The evidence offered extended beyond this — to proof by tbe wife of what she meant by the words. It was not her meaning, but the sense in which tbe words were understood by the persons to whom…
2Cases cited2 opinions
- Whetstone v. Bank at MontgomerySupreme Court of Alabama · 1846
- Williams v. CawleySupreme Court of Alabama · 1850
3Cited by9 opinions
- Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
- McGuff v. StateSupreme Court of Alabama · 1946
- Western Union Tel. Co. v. ClevelandSupreme Court of Alabama · 1910
- Ellis v. WhteheadMichigan Supreme Court · 1893
- Chandler v. ChandlerSupreme Court of Alabama · 1888
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