Legal Opinion

Commons v. Walters

Supreme Court of Alabama

Decided January 15, 1835PublishedCited by 3 opinions

Error from Perry Circuit Court — Before the Hon, P. T. Harris. Walters, the defendant in error, brought an action of slan*der against Commons, iri the Circuit Court below, for saying that he, Walters, bought cotton of negro slaves,; and in one count, that he hired negroes to steal cotton and bought it of them.

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Error from Perry Circuit Court — Before the Hon, P. T. Harris. Walters, the defendant in error, brought an action of slan*der against Commons, iri the Circuit Court below, for saying that he, Walters, bought cotton of negro slaves,; and in one count, that he hired negroes to steal cotton and bought it of them. Justification and the general issue were pleaded.— The defendant offered to prove that “ it was generally suspected in the neighborhood” that the keeper of a certain shop, which was proved to have been kept by the plaintiff, “ traded, with negro slaves,” and that “ it was generally…

1Opinion of the Court

■ -By Mr. Justice Thornton-: "

This was an action of slander,'brought by the defendant in error; and the declaration contains five counts; in all of which except one, the slander is charged to consist, in the verbal imputation, by the plaintiff in error, that the defendant bought cotton of negro slaves ; and in that one, it is charged to be, that the defendant hired negroes.to steal cotton, and then bought it of them. There appears to have been a demurrer to the whole declaration, which being overruled, was abided by ; arid pleas of not guilty, and justification, were filed to all the counts,…

2Cited by3 opinions

  1. Montgomery v. KnoxSupreme Court of Florida · 1887
  2. Fuller v. DeanSupreme Court of Alabama · 1858
  3. Bradley v. GibsonSupreme Court of Alabama · 1846

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