Fitzpatrick v. Age-Herald Pub. Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. W. M. Walker. Action by Kearn Fitzpatrick against the Age-Herald Publishing Company for libel and slander. Judgment for defendant and plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. W. M. Walker. Action by Kearn Fitzpatrick against the Age-Herald Publishing Company for libel and slander. Judgment for defendant and plaintiff appeals. The plaintiff could have shown by extrinsic evidence that the publication referred to his home although it did not name him. —25 Cyc. 493, note 79; 18 C. C, A. 628; 34 Cal. 48; 47 Cal'. 207; 41 N. W. 1034. The enjoyment of private reputation and social respectability is as much a constitutional right as possession of life, property, etc. — Iron Age P. Co. v. Crucktp, 85 Ala. 519; Ferndon v.…
1Opinion of the CourtDowell, C. J.
— Action of libel brought by appellant, Kearn Fitzpatrick, against the Age-llera Id Publishing Company. From a judgment for defendant the present appeal is prosecuted.
There is but one count in the complaint; the court sustained a demurrer thereto, and, the plaintiff declining to amend, judgment Avas thereupon rendered for the defendant, permitting it to go hence without day. The publication complained of is set forth in hace Acerba in the complaint. It appears that a man by the name of Michael Brenna, othemvise called Micky Brennan, was shot in the city of Birmingham, Ala., on July 2, 1911,…
2Cases cited15 opinions
- Wooster v. StateSupreme Court of Alabama · 1876
- Wofford v. MeeksSupreme Court of Alabama · 1900
- Comer v. Age Herald Publishing Co.Supreme Court of Alabama · 1907
- Gaither v. Advertiser Co.Supreme Court of Alabama · 1893
- Hayes v. MillerSupreme Court of Alabama · 1907
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Marion v. DavisSupreme Court of Alabama · 1927
- McGraw v. ThomasonSupreme Court of Alabama · 1957
- Louisville N. R. Co. v. ClarkSupreme Court of Alabama · 1920
- Ripps v. HerringtonSupreme Court of Alabama · 1941
- White v. Birmingham Post Co.Supreme Court of Alabama · 1937
7 more not listed; retrieve them via the Exa API.