Fuller v. Dean
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before tbe Hon/JoHN Gill Shorteb,. This action was brought by "William R. Fuller, against William Bean, to recover damages for the false and malicious speaking by defendant of certain words charging-plaintiff with having stolen a sack of salt. The pleas were, not guilty, the statute of limitations of one year, and justification; the last plea being interposed, by consent, after tbe argument to the jury had commenced.
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Appeal from the Circuit Court of Butler. Tried before tbe Hon/JoHN Gill Shorteb,. This action was brought by "William R. Fuller, against William Bean, to recover damages for the false and malicious speaking by defendant of certain words charging-plaintiff with having stolen a sack of salt. The pleas were, not guilty, the statute of limitations of one year, and justification; the last plea being interposed, by consent, after tbe argument to the jury had commenced. On the trial, as appears from the hill of exceptions, the plaintiff proved that the words charged were spoken by the defendant on…
1Opinion of the CourtStone, J.
— In considering the questions presented by this record, we attach no importance to the fact that the plea of justification was interposed after the evidence was given in, as the legal questions in either event are the same. For the purposes of this opinion, then, we will consider that the trial was had on three pleas: 1st, not guilty; 2d, *657the statute of limitations of one year; and, 8d, justification.
The first exception questions the .legality of the evidence introduced by the defendant, to the effect that, previous to the speaking of the slanderous words by him, another person had charged…
2Cases cited11 opinions
- Lawson v. StateSupreme Court of Alabama · 1852
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3Cited by16 opinions
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