Legal Opinion

Weir v. Hoss

Supreme Court of Alabama

Decided June 15, 1844PublishedCited by 19 opinions

ERROR to the Circuit Court of Cherokee. The action was by the defendants against the plaintiff in error 'for a libel. The first count of the declaration charges, that the plaintiffs were tavern keepers in the town of Jefferson, and liberally patronized as such, and that the libel was published to injure their •good character, &c., and to cause persons who patronized their ■tavern to withdraw their patronage, &c., the deiendant himself being a tavern keeper in the same town;…

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ERROR to the Circuit Court of Cherokee. The action was by the defendants against the plaintiff in error 'for a libel. The first count of the declaration charges, that the plaintiffs were tavern keepers in the town of Jefferson, and liberally patronized as such, and that the libel was published to injure their •good character, &c., and to cause persons who patronized their ■tavern to withdraw their patronage, &c., the deiendant himself being a tavern keeper in the same town; that “he published of and •concerning Sarah Hoss, wife of said Jacob, a certain false, scandalous and defamatory libel,…

1Opinion of the CourtOrmond, J.

Previous to entering upon the decision of the questions presented by the assignment of errors, it is necessary to determine whether the bill of exceptions is to be considered a part of the record. From a statement of the judge who tried the cause, appended to the bill, it appears that it was not sealed at the term of the court at which the cause was tried, and not until more than a year afterwards. He explains why the bill was not sealed *885during the term, and the causes which led to further delay, which proceeded principally from the disagreement of counsel as to the points reserved, and the…

2Cases cited5 opinions

  1. Branch Bank at Decatur v. KinseySupreme Court of Alabama · 1843
  2. State v. BrinyeaSupreme Court of Alabama · 1843
  3. Williams v. BryantSupreme Court of Alabama · 1842
  4. Metcalfe v. WilliamsCourt of Appeals of Kentucky · 1823
  5. Strader, Perrine & Co. v. AlexanderSupreme Court of Alabama · 1839

3Cited by19 opinions

  1. Gray v. StateSupreme Court of Alabama · 1879
  2. Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
  3. Penry v. DozierSupreme Court of Alabama · 1909
  4. Weir v. Brotherhood of Railroad TrainmenSupreme Court of Alabama · 1929
  5. Ex parte NelsonSupreme Court of Alabama · 1878

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