Allen v. Fincher
Supreme Court of Alabama
Appeal from DeKalb Circuit Court. Heard before Hou. W. W. Haralson. Action by Emma Fincher against S. I. Allen, for damages for an alleged slander. Judgment for plaintiff and defendant appeals. Counsel discuss the various matters assigned for error”, but cite no authorities in support of the same.
1Opinion of the Court
be ORAFFENRIED, J.
Counts 1, 5, 6, and 7 are clearly not subject to demurrer. The blanks in these counts might well have been filled out, but the demurrers were not well taken simply because of the blanks. The blanks refer to the day of the month in which the alleged slanderous language was used, but as the counts show under a videlicet the month in which the slanderous words were used, we think the time of the slander-alleged- in the complaint is sufficiently stated in each of the above counts to meet the requirements of the law. Indeed counts 1, 5, 6, and 7 are in substantial compliance with…
2Cases cited5 opinions
- Jones v. StateSupreme Court of Alabama · 1884
- Fincher v. StateSupreme Court of Alabama · 1877
- McHugh v. StateSupreme Court of Alabama · 1858
- Hereford v. CombsSupreme Court of Alabama · 1899
- Haralson v. StateSupreme Court of Alabama · 1886
3Cited by19 opinions
- McClendon v. StateSupreme Court of Alabama · 1942
- Wells v. StateSupreme Court of Alabama · 1973
- United States H. & A. Ins. v. GoinSupreme Court of Alabama · 1916
- Diamond v. StateSupreme Court of Alabama · 1929
- Riddle v. United StatesCourt of Appeals for the Fifth Circuit · 1922
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