Brothers v. Brothers
Supreme Court of Alabama
, Appeal from Circuit Court, Etowah County; O. A. Steele, Judge. Action by H. A. Brothers against Israel Brothers, for slander and trespass. From a judgment for defendant, plaintiff appeals.
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, Appeal from Circuit Court, Etowah County; O. A. Steele, Judge. Action by H. A. Brothers against Israel Brothers, for slander and trespass. From a judgment for defendant, plaintiff appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. The complaint is in two counts: The first is for slander, “for falsely and maliciously charging the plaintiff with perjury, by speaking of and concerning him in the presence of divers persons, in substance as follows: That plaintiff swore a lie against defendant in a prosecution against defendant wherein plaintiff was a witness.” The…
1Opinion of the CourtSomerville, J.
[1] The trial court erred in striking a portion of the trespass count of the complaint. Such allegations are not intended as a basis for the recovery of special damages, but merely to show an aggravation of the trespass, and thereby make a ease for punitive damages.
[2, 3] But proof of such matters may be made without any allegation thereof in the complaint. Wilkinson v. Searcy, 76 Ala. 176; Standard Oil Co. v. Davis, 94 South. 754. And the bill of exceptions shows that plaintiff was allowed to show all that was said and done on the occasion in question, and also the fact of the presence of…
2Cases cited11 opinions
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Standard Oil Co. v. DavisSupreme Court of Alabama · 1922
- Starks v. ComerSupreme Court of Alabama · 1914
- Spooner v. . KeelerNew York Court of Appeals · 1873
- Gudger v. . PenlandSupreme Court of North Carolina · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- National Ass'n for the Advancement of Colored People v. Alabama Ex Rel. FlowersSupreme Court of the United States · 1964
- Fidelity-Phenix Fire Ins. Co. v. MurphySupreme Court of Alabama · 1933
- Roan v. McCalebSupreme Court of Alabama · 1955
- Crutcher v. Wendy's of North Alabama, Inc.Supreme Court of Alabama · 2003
- Wolfe v. IsbellSupreme Court of Alabama · 1973
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