Giddens v. Mirk
Supreme Court of Georgia
Case for Words, in Jackson Superior Court. Tried before Judge Dougherty, February Term, 1848. The original declaration charged that the defendant below, Henry Mirk, in a certain conversation, “concerning the burning of the houses and tents at the Dry Pond Camp Ground, in the presence, &c. published of the plaintiff these words, “ I believe Giddens burnt the Camp Ground.”
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Case for Words, in Jackson Superior Court. Tried before Judge Dougherty, February Term, 1848. The original declaration charged that the defendant below, Henry Mirk, in a certain conversation, “concerning the burning of the houses and tents at the Dry Pond Camp Ground, in the presence, &c. published of the plaintiff these words, “ I believe Giddens burnt the Camp Ground.” The words were charged to have been spoken on the 8th November, 1845, and the declaration was filed in office on the 26th of February, 1846. On the 29th of September, 1S47, the plaintiff (the case being on the Appeal) filed…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
The principal question in this case is, whether the following words are actionable, to wit: “ J believe Giddens burnt the Camp Ground.” The declaration contained but one count. Upon demurrer, the Circuit Judge held that they were not. Being excepted to, that decision is brought before us for review. The grounds taken before this Court, in support of the Judgment below, are two:
1. It is claimed that in as much as the defendant only expressed his belief, that Giddens (the plaintiff) burnt the Camp Ground, there is not such a direct charge of an…
2Cases cited8 opinions
- Gibson v. WilliamsNew York Supreme Court · 1830
- Chaddock v. BriggsMassachusetts Supreme Judicial Court · 1816
- Nye v. OtisMassachusetts Supreme Judicial Court · 1811
- Demarest v. HaringNew York Supreme Court · 1826
- Gorham v. IvesNew York Supreme Court · 1829
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3Cited by16 opinions
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- Zeliff v. JenningsTexas Supreme Court · 1884
- Whitley v. NewmanCourt of Appeals of Georgia · 1911
- Prewitt v. WilsonSupreme Court of Iowa · 1905
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