Hereford v. Combs
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. TI. C. Speake. This action was brought by the appellee, John Joseph Combs, against W. P. Hereford.
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Appeal from the Circuit Court of Madison. Tried before the Hon. TI. C. Speake. This action was brought by the appellee, John Joseph Combs, against W. P. Hereford. The complaint in the action was in words and figures as follows: “1. The plaintiff claims of the defendant two thousand dollars damages for falsely and maliciously charging the plaintiff with perjury, by speaking of and concerning him in the presence of divers persons in substance as follows: £Joe Combs (meaning the plaintiff) swore to a lie’ on the 3d day of June, 1898. 2. The plaintiff claims of the defendant the further sum of…
1Opinion of the CourtTyson, J.
We cannot review the assignments of error based upon the action of the court in overruling *378the demurrers to the complaint, for the reason that the record contains no judgment by the court to that effect.—Cartlidge v. Slone, 124 Ala. 596; McDonald v. Railway Co., 123 Ala. 227, and authorities there cited.
Section 1439 provides that “every accusation of false swearing presumptively imports a charge of perjury.” This statute would seem to be a sufficient answer to the objections urged against the allegations of the various counts of the complaint.
The defendant filed three pleas to the complaint…
2Cases cited10 opinions
- Cartlidge v. SloanSupreme Court of Alabama · 1899
- Woodbeck v. KellerNew York Supreme Court · 1826
- Clark v. DibbleNew York Supreme Court · 1837
- Byrket v. MonohonIndiana Supreme Court · 1844
- Robinson v. DrummondSupreme Court of Alabama · 1854
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Starks v. ComerSupreme Court of Alabama · 1914
- Louisville & Nashville Railroad v. StewartSupreme Court of Alabama · 1900
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1901
- Maytag v. CumminsCourt of Appeals for the Eighth Circuit · 1919
- Weir v. Brotherhood of Railroad TrainmenSupreme Court of Alabama · 1929
17 more not listed; retrieve them via the Exa API.