Stallings v. Newman
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. Thomas A. Walkeb. This was an action of slandeb for words spoken, brought by John Stallings against John Newman; the words charged in the first count, which are alleged to hare been spoken to one William Stallings, the brother of plaintiff, are as follows: “ Your cían (meaning the clan of plaintiff’s said brother, and thereby meaning plaintiff) has murdered my (meaning defendant’s) son” ; “ John Stallings, your…
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. Thomas A. Walkeb. This was an action of slandeb for words spoken, brought by John Stallings against John Newman; the words charged in the first count, which are alleged to hare been spoken to one William Stallings, the brother of plaintiff, are as follows: “ Your cían (meaning the clan of plaintiff’s said brother, and thereby meaning plaintiff) has murdered my (meaning defendant’s) son” ; “ John Stallings, your brother, (meaning plaintiff) murdered my (meaning defendant’s) son”; “Your brother (meaning the brother of said William…
1Opinion of the CourtChilton, C. J.
—There are some old cases which would justify the court in holding the original declaration in this case bad. The case of Sir Thomas Holt v. Aftgrigg, 2 Cro. R. 184, may be cited. In that, the -words were, “ Sir Thomas struck his cook on the head with a cleaver, and cleaved his head; the one part lay on one shoulder, and another part on the other.” The verdict against the defendant was arrested in the King’s Bench, upon the ground, that “ slander ought to be direct, against which there may not be any intendments.” See also Prichard v. Hawkins, ib. 215; Holland v. Stoner, ib. 315; 4 Co. R. 20;…
2Cases cited1 opinion
- Caldwell v. MaySupreme Court of Alabama · 1828
3Cited by12 opinions
- Berry v. City of New York Ins. Co.Supreme Court of Alabama · 1923
- Labor Review Publishing Co. v. GalliherSupreme Court of Alabama · 1907
- Griffin v. WallSupreme Court of Alabama · 1858
- Jarnigan v. FlemingMississippi Supreme Court · 1871
- Donaldson v. RobersonAlabama Court of Appeals · 1916
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