Legal Opinion

Smith v. Gaffard

Supreme Court of Alabama

Decided June 15, 1857PublishedCited by 12 opinions

Appeal from the Circuit Court of Butler. Tried before the Hon. Johk Gill Shorter. The complaint in this case was in these words.: “The plaintiff, Caroline Smith, an infant under the age of twenty-one years, who sues by her next friend, claims of the defendant $10,000, as damages for falsely and maliciously charging said plaintiff, who is an unmarried female, with a want of chastity, by speaking of and concerning her, in the presence of divers persons, in a conversation where…

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Appeal from the Circuit Court of Butler. Tried before the Hon. Johk Gill Shorter. The complaint in this case was in these words.: “The plaintiff, Caroline Smith, an infant under the age of twenty-one years, who sues by her next friend, claims of the defendant $10,000, as damages for falsely and maliciously charging said plaintiff, who is an unmarried female, with a want of chastity, by speaking of and concerning her, in the presence of divers persons, in a conversation where the subject of the plaintiff’s having, previous to that time, been pregnant with child, and having given birth to it by…

1Opinion of the Court

"WALKER, J.

— The complaint claims damages for the false charge of a want of chastity against the plaintiff, by speaking certain words. Those words attribute to the plaintiff past pregnancy, the having had a child, and a miscarriage; and some of them charge, “that she had taken something to make her lose” a child. The declaration avers, that she is an unmarried woman; but not that she was, either at the time of or before the pregnancy, unmarried. The complaint does not negative the cover-ture of the plaintiff at such a time as to make the pregnancy charged an imputation upon her chastity.

That…

2Cases cited6 opinions

  1. Pickens v. OliverSupreme Court of Alabama · 1857
  2. Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
  3. Bissell v. CornellNew York Supreme Court · 1840
  4. Kirksey v. FikeSupreme Court of Alabama · 1856
  5. Commonwealth v. Justices of the Sessions for the County of MiddlesexMassachusetts Supreme Judicial Court · 1812

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Dobbs v. Jackson Women's Health OrganizationSupreme Court of the United States · 2022
  3. Cheaney v. StateIndiana Supreme Court · 1972
  4. Gentry v. GilmoreSupreme Court of Alabama · 1993
  5. Trent v. StateAlabama Court of Appeals · 1916

7 more not listed; retrieve them via the Exa API.

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