Humphrey v. Terry
Supreme Court of Alabama
Appeal from Circuit Court, Madison County; Robt. C. Brickell, Judge. ; Action by John D. Humphrey against Thomas T. Terry for damages for libel. From an adverse ruling on the pleadings, plaintiff took a nonsuit, and appealed.
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Appeal from Circuit Court, Madison County; Robt. C. Brickell, Judge. ; Action by John D. Humphrey against Thomas T. Terry for damages for libel. From an adverse ruling on the pleadings, plaintiff took a nonsuit, and appealed. The libel is based upon the alleged act of the defendant in appending to the public records of the mayor’s court of Huntsville the following statements, falsely and maliciously appended to a judgment entry showing a conviction of the plaintiff for a misdemeanor and a fine. The statement alleged to have been fraudulently and maliciously appended is as follows: “And in…
1Opinion of the CourtSomerville, J.
In the former suit, wherein judgment was rendered against this plaintiff and in favor of this defendant and another, sued jointly with him, the complaint alleged that the two defendants “un lawfully, willfully, corruptly, and maliciously conspired and confederated and bound themselves together” under an agreement to make the same false entry on the municipal records of Huntsville which is the basis for the present suit, and it was further alleged that said conspiracy and unlawful agreement were executed by making the same addition to the records.
The theory of plaintiff’s demurrer to…
2Cases cited8 opinions
- Doremus v. HennessyIllinois Supreme Court · 1898
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- City of Boston v. SimmonsMassachusetts Supreme Judicial Court · 1890
- Howland v. CornCourt of Appeals for the Second Circuit · 1916
- Louisville & Nashville R. R. v. National Park BankSupreme Court of Alabama · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Turner v. Peoples Bank of Pell CitySupreme Court of Alabama · 1979
- Dr. P. Phillips & Sons, Inc. v. KilgoreSupreme Court of Florida · 1943
- O'Dell v. StateSupreme Court of Alabama · 1959
- McLemore v. Ford Motor Co.Supreme Court of Alabama · 1993
- Evans v. SwaimSupreme Court of Alabama · 1944
6 more not listed; retrieve them via the Exa API.