Kirksey v. Fike
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. Robert Dougherty. This action was brought by Harlan Eike against Isaac Kirksey, to recover damages for the false and malicious speaking of the following (with other) words: “ He is mighty smart after night”; “ Put him in the dark, and he would get it all.”
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Appeal from the Circuit Court of Talladega. Tried before the Hon. Robert Dougherty. This action was brought by Harlan Eike against Isaac Kirksey, to recover damages for the false and malicious speaking of the following (with other) words: “ He is mighty smart after night”; “ Put him in the dark, and he would get it all.” The first count in the declaration alleged that these words were spoken by the defendant, of and concerning the plaintiff, in the presence of divers third persons, “in a certain conversation which was then had, with reference to a dispute and difficulty which existed between…
1Opinion of the Court
RICE, 0. J.
The first question presented for our decision is, whether there was error in overruling the demurrer as to the following words set forth in the first count; to-wit: “He is mighty smart after night.” The second question presented is, whether there was error in overruling the demurrer as to the following words set forth in that count; to-wit: “Put him in the dark, and he would get it all.” We shall consider these questions together, not because they are in all respects alike, but because the grounds upon which we shall place our decision will apply to the one as well as to the other.…
2Cases cited5 opinions
- Miller v. MaxwellNew York Supreme Court · 1836
- Robinson v. DrummondSupreme Court of Alabama · 1854
- Andrews v. WoodmanseeNew York Supreme Court · 1836
- Long v. StateSupreme Court of Alabama · 1855
- Wright v. LindsaySupreme Court of Alabama · 1852
3Cited by12 opinions
- Gainer v. StateCourt of Criminal Appeals of Alabama · 1989
- Illinois Surety Co. v. DonaldsonSupreme Court of Alabama · 1918
- Bullard v. LambertSupreme Court of Alabama · 1866
- Smith v. GaffardSupreme Court of Alabama · 1857
- Morningstar v. StateSupreme Court of Alabama · 1876
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