Robinson v. Drummond
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before the Hon. Nat. Cook. This was an action of slander, brought by Benjamin J. Drummond against Raymond Robinson. The declaration contained two counts, to each of which there was a demurrer. The demurrers were overruled, hut the plaintiff afterwards abandoned his first count. The defendant pleaded not guilty and justification.
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Appeal from the Circuit Court of Autauga. Tried before the Hon. Nat. Cook. This was an action of slander, brought by Benjamin J. Drummond against Raymond Robinson. The declaration contained two counts, to each of which there was a demurrer. The demurrers were overruled, hut the plaintiff afterwards abandoned his first count. The defendant pleaded not guilty and justification. The facts are particularly noted in the opinion. 1. If the words set forth in a count in slander are not actionable pe?’ se, an innuendo that by the speaking of such words the defendant meant to impute some felony to the…
1Opinion of the CourtChilton, C. J.
The declaration contains two counts, to each of which there was a demurrer, but they were held sufficient. Afterwards, the plaintiff below abandoned the first count, so that if there was error in overruling the demurrer to it, no injury has resulted to the defendant by reason of such error.
We shall first address ourselves to the questions presented in argument upon the sufficiency of the second count.
It is insisted on the part of the plaintiff in the appeal, that this count is bad, because the words charged are not actionable in themselves, and there is no averment that they were spoken with…
2Cited by22 opinions
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- Mattingly v. HoustonSupreme Court of Alabama · 1909
- Smith Bros. v. Agee & Co.Supreme Court of Alabama · 1912
- Hereford v. CombsSupreme Court of Alabama · 1899
- Labor Review Publishing Co. v. GalliherSupreme Court of Alabama · 1907
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