Legal Opinion

Conley v. Key

Supreme Court of Georgia

Decided January 20, 1896PublishedCited by 10 opinions

Action of libel. Before Judge Lumpkin. Eulton superior court. March term, 1895. The declaration of Conley v. Key was dismissed on demurrer.

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Action of libel. Before Judge Lumpkin. Eulton superior court. March term, 1895. The declaration of Conley v. Key was dismissed on demurrer. As originally filed it alleged, in the first count: Key, on March 17, 1894, in the course of a trial in the superior court in a case in which Key was of counsel, published of petitioner an affidavit purporting to have been made by S. L. Holcomb, in which there were the following false, malicious and defamatory words concerning petitioner: “In person appeared before me the undersigned S. L. Holcomb, who upon oath says that he is acquainted with John L.…

1Opinion of the Court

Atkinson, Justice.

The official report states the facts.

The petition upon which the attachment nisi as for a contempt was issued, was sworn to by the plaintiff in error as the agent of the wife. To meet the charge of contempt, it was necessary for the defendant in that proceeding to answer on oath, and it was perfectly competent to support his answer, either by the testimony of witnesses verifying its truth, or by proving to the satisfaction of the court that the person filing the information was so utterly unworthy of credit, as that an information supported only by his affidavit was to all…

2Cases cited1 opinion

  1. Francis v. WoodSupreme Court of Georgia · 1886

3Cited by10 opinions

  1. Andrews v. . GardinerNew York Court of Appeals · 1918
  2. Todd v. CoxCourt of Appeals of Arizona · 1973
  3. Buschbaum v. HeriotCourt of Appeals of Georgia · 1909
  4. Bibb v. CrawfordCourt of Appeals of Georgia · 1909
  5. Skoglund v. DurhamCourt of Appeals of Georgia · 1998

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