Legal Opinion

Sheppard v. Austin

Supreme Court of Alabama

Decided February 5, 1909PublishedCited by 4 opinions

Appeal from Birmingham City Court. Heard before Hon. C. 0. Nesmith. Action by C. W. Austin against P. G. Sheppard. Judgment for plaintiff, and defendant appeals. The libelous matter alleged in the complaint is that the defendant said of the plaintiff, falsely and maliciously, that on a certain day he swore a lie, that he swore falsely, etc.

Read the full summary

Appeal from Birmingham City Court. Heard before Hon. C. 0. Nesmith. Action by C. W. Austin against P. G. Sheppard. Judgment for plaintiff, and defendant appeals. The libelous matter alleged in the complaint is that the defendant said of the plaintiff, falsely and maliciously, that on a certain day he swore a lie, that he swore falsely, etc. The court erred in overruling defendant’s objection to the questions propounded to plaintiff, and his answers thereto, in reference to what he had been told by different parties as to statements made by defendant. — Brooklyn L. Ins. Go. v. Bledso, 52 Ala.…

1Opinion of the CourtDenson, J.

This is an action for slander. There was testimony tending to show utterance by defendant, of the slanderous words attributed to him in the complaint. The plaintiff, while testifying as a witness in his own behalf, was asked by his attorney this question “I will ask you to tell the jury whether or not it had been reported to you, after that trial in the police court of Mr. Sheppard on account of a violation of the city ordinance, that he had been going about the city of Birmingham and to various and sundry people denouncing you as a liar.” The court overruled the objection of the defendant…

2Cases cited3 opinions

  1. Queen v. HepburnSupreme Court of the United States · 1813
  2. Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
  3. Hereford v. CombsSupreme Court of Alabama · 1899

3Cited by4 opinions

  1. Rhodes v. StateSupreme Court of Florida · 1932
  2. Donaldson v. RobersonAlabama Court of Appeals · 1916
  3. Coplon v. StateAlabama Court of Appeals · 1917
  4. Letson v. HallAlabama Court of Appeals · 1912

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API