Gandy v. Humphries
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the Hon. John Gill Shorter. This action was brought by John R. Humphries, against Alfred Gandy, to recover damages for the false and malicious speaking by defendant, of and concerning plaintiff, on the 1st May, 1856, of the following wor-ds: “ That he (plaintiff) had stolen a paper from him (defendant) worth $2,100 “ that Humphries (plaintiff) had stolen from him (defendant) a paper worth $2,100, which was his…
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Appeal from the Circuit Court of Chambers. Tried before the Hon. John Gill Shorter. This action was brought by John R. Humphries, against Alfred Gandy, to recover damages for the false and malicious speaking by defendant, of and concerning plaintiff, on the 1st May, 1856, of the following wor-ds: “ That he (plaintiff) had stolen a paper from him (defendant) worth $2,100 “ that Humphries (plaintiff) had stolen from him (defendant) a paper worth $2,100, which was his (defendant’s) property “ that he (plaintiff-) took a paper from him (defendant), belonging to him (defendant), worth $2,100,…
1Opinion of the CourtB. W. Walkeb, J.
It is extremely difficult, if not impossible, to settle by exact definition what declarations are to be considered as forming pai’ts of the res gestee. It has been said, in general terms, that the idea of the res gestee presupposes a main fact, and includes only such circumstances, facts and declarations as grow out of the principal transaction, are contemporaneous with it, and serve to illustrate its character. — Lund v. Tyngsborough, 9 Cushing, 36; Carter v. Buchanan, 3 Kelly, 517 ; 1 Greenl. Ev. § 108. The imperfection of this definition has, however, been frequently admitted ; and, as is…
2Cases cited7 opinions
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Nelson v. IversonSupreme Court of Alabama · 1853
- Handy v. JohnsonCourt of Appeals of Maryland · 1853
- Larned v. BuffintonMassachusetts Supreme Judicial Court · 1807
- Hill v. WardSupreme Court of Alabama · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Nelson v. StateSupreme Court of Alabama · 1900
- Mayberry v. StateSupreme Court of Alabama · 1894
9 more not listed; retrieve them via the Exa API.