McGraw v. Thomason

MERRILL, Justice.

Appellant, Charles McGraw, sued appellee, Thomason, seeking damages for libel. His wife, Hazel McGraw, sued by identical complaint in another case which is here as 7 Div. 339, Ala., 93 So.2d 745. 1 Demurrers to the complaints were sustained three different times, but were overruled as to Count Four, the result of the last amendment.

The cases were tried together, and when appellants rested, appellee also rested and asked for the general affirmative charge with hypothesis in each case. The court granted the motion and gave the requested written charge. The verdicts were for the…