Comer v. Age Herald Publishing Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Hoard before Hon. Charles A. Sehn. Action by B. B. Comer against the Age-Herald Publishing Co., for libel. From a judgment sustaining demurrers to complaint plaintiff appeals. This Avas an action begun by Braxton B. Comer for damages for libel growing out of a communication published in the Birmingham Age-Herald with the intent to defame plaintiff. The publication is as follows: “Comer’s Idea of Honesty Peculiar.
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Appeal from Birmingham City Court. Hoard before Hon. Charles A. Sehn. Action by B. B. Comer against the Age-Herald Publishing Co., for libel. From a judgment sustaining demurrers to complaint plaintiff appeals. This Avas an action begun by Braxton B. Comer for damages for libel growing out of a communication published in the Birmingham Age-Herald with the intent to defame plaintiff. The publication is as follows: “Comer’s Idea of Honesty Peculiar. Wanted to Pay His Cousin and “Do’’ the Railroads. An Affidavit is Submitted. Offered to Pay E. A. Dickert Money for Repairs, Instead of Letting it…
1Opinion of the CourtSimpson, J.
This was an action for libel, consisting of the publication in the Age-Herald, a newspaper ■published in Birmingham, Ala., of the articles shown in tbe record. The demurrers filed to the complaints, orig*617Inal and amended, raise tlie question of tlie constitutionality of the act of February 20, 1899, amending section 1441 of the Code of 1896. — Gen. Acts 1898-99, p. 32. One of the grounds of the demurrer is that the notice, required by said act to he given before bringing suit is not alleged in the complaint to have been given.
It is contended on the part of the appellant: First. That this act…
2Cases cited10 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Park v. Detroit Free Press Co.Michigan Supreme Court · 1888
- Osborn v. Leach.Supreme Court of North Carolina · 1904
- Montgomery v. State ex rel. EnslenSupreme Court of Alabama · 1894
- Allen v. Pioneer-Press Co.Supreme Court of Minnesota · 1889
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- Kelite Products, Inc., and R. C. Martin v. Alvin J. Binzel, Jr., Trading as Kelite Products of AlabamaCourt of Appeals for the Fifth Circuit · 1955
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