Trimble v. Anderson
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the lion. Henry C. Speake. This action was brought by Alonzo F. Trimble, against W. R. Anderson and A. R. Anderson, to recover damages for the publication by them of an alleged libel, in a newspaper published in the town of LaFayette in said county.
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Appeal from the Circuit Court of Chambers. Tried before the lion. Henry C. Speake. This action was brought by Alonzo F. Trimble, against W. R. Anderson and A. R. Anderson, to recover damages for the publication by them of an alleged libel, in a newspaper published in the town of LaFayette in said county. The article was headed Notice,, was signed by the defendants, and in these words : Whereas A. F. Trimble did obtain from J. R. Anderson, for no consideration, on the 15th November, 1884, one note payable one day after date to Fannie Trimble, for $500 ; also, at the same time, one note payable…
1Opinion of the CourtSomerville, J.
The action is one for libel. The complaint contains no averment of any special damage alleged to have been sustained by the plaintiff. To be actionable, therefore, the publication made by the defendants concerning the plaintiff must be libellous per se — that is, it must charge an indictable offense, or its tendency must be to subject the plaintiff otherwise to public hatred, contempt, or ridicule, or to exclude him from association with virtuous and honorable men. If the words used, when fairly interpreted, involve no imputation having this tendency, the charge that they were published…
2Cases cited1 opinion
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