Vest v. Speakman
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Action by W. I. Spealcman against J. W. Vest for slander and assault and battery. From a judgment for plaintiff, defendant appeals. The first count in the complaint charges slander, in that defendant said of and concerning plaintiff, falsely and maliciously, in the presence of divers persons: “You burned my barn on or about the 14th or 16th day of October.”
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Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Action by W. I. Spealcman against J. W. Vest for slander and assault and battery. From a judgment for plaintiff, defendant appeals. The first count in the complaint charges slander, in that defendant said of and concerning plaintiff, falsely and maliciously, in the presence of divers persons: “You burned my barn on or about the 14th or 16th day of October.” The second count is for assault and battery, The third count was for assault and battery, with the additional averment that it was committed maliciously, vindictively, and…
1Opinion of the CourtDowdell, J.
—In the complaint are joined counts for slander with counts for an assault and battery. This is not permissible. An action for slander is an action in case, while an action for an assault and battery is in trespass. Prior to the act of February 17, 1885 (Acts 1884-85, p.. 125), and Avhich, Avith a slight change, Avas adopted into the Code of 1886 as section 2673, and brought forAvard into the Code of 1896 as section 3293, counts in trespass and counts in case should not be joined in the same complaint under any circumstances, and when so joined rendered the complaint demurrable for…
2Cited by4 opinions
- Bridwell v. Brotherhood of Railroad TrainmenSupreme Court of Alabama · 1933
- Central of Georgia Ry. Co. v. BarnitzSupreme Court of Alabama · 1916
- Ex Parte AltmanSupreme Court of Alabama · 1937
- Louisville & Nashville Railroad v. SandersAlabama Court of Appeals · 1913