Legal Opinion

Easley v. Moss

Supreme Court of Alabama

Decided January 15, 1846PublishedCited by 15 opinions

Writ of Error to the Circuit Court of Lowndes. Slander by Easly,against Moss, for speaking these words to his overseer: “I want you to be particular about my hogs and sheep, as Easly is in the habit of marking them, and I have lost from fifteen to twenty head of them every year since Easley has lived on the place.” r~ At the trial, on the plea of not guilty, the plaintiff introduced a witness, who stated, that a month or two before this suit was brought, he was the…

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Writ of Error to the Circuit Court of Lowndes. Slander by Easly,against Moss, for speaking these words to his overseer: “I want you to be particular about my hogs and sheep, as Easly is in the habit of marking them, and I have lost from fifteen to twenty head of them every year since Easley has lived on the place.” r~ At the trial, on the plea of not guilty, the plaintiff introduced a witness, who stated, that a month or two before this suit was brought, he was the defendant’s overseer, and about that time the defendant said to him: “I want you to be particular about my hogs and sheep, as…

1Opinion of the CourtGoldthwaite, J.

1. In Williams v. Bryant, 4 Ala. Rep. 44, we considered that words precisely equivalent in meaning, would not sustain a declaration in which the words charged to have been spoken, meant the same thing. In this we merely conformed to the previous decision in Cummins v. Walters, 1 Porter, 377. We then said, it is not necessary to prove all the words charged, provided such as are proved are slanderous, and all the words charged are not essential to constitute the charge. We think the plaintiff, so far as proof of the words was concerned, might safely have *268gone to the jury, under the rule as laid…

2Cases cited3 opinions

  1. Williams v. BryantSupreme Court of Alabama · 1842
  2. Commons v. WaltersSupreme Court of Alabama · 1835
  3. Teague v. WilliamsSupreme Court of Alabama · 1845

3Cited by15 opinions

  1. Bacon v. Michigan Central RailroadMichigan Supreme Court · 1887
  2. Berry v. City of New York Ins. Co.Supreme Court of Alabama · 1923
  3. Ex Parte Blue Cross and Blue Shield of Al.Supreme Court of Alabama · 2000
  4. Lawson v. HicksSupreme Court of Alabama · 1862
  5. Brewer v. ChaseMichigan Supreme Court · 1899

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