23 Ga. 215 | Ga. | 1857
By the Court. —
delivering the opinion.
As the motion for a new trial, embraces all the grounds in the bill of exceptions, I will proceed at once to the consideration of that.
We see no error in this assignment.
It will be noticed that the plea of justification had been filed. The writ alleged that the words were spoken in December, 1854, and the declaration was filed in February thereafter. Now, the plea admitting the slander as charged in the writ, and the defendant taking upon himself the bur
But, I forbear to argue this point. Since this opinion was delivered, a highly esteemed professional friend, who heard it, was kind enough to refer me to the case of Jones vs. Stevens, 5 English Exch. Rep. 62; 11 Price, 282.283, where it was held, that general evidence of the plaintiff’s bad character and ill repute in his business, as a practicing attorney, cannot be admitted, either to contradict the allegation in the declaration, that the plaintiff, during &c., exercised and carried on the business of an attorney with great credit and reputation, with a view to mitigating damages on the general issue, or in support of averments in the defendant’s pleas, pleaded by way of justification, that the plaintiff was a disreputable professor and practitioner in the law. In the case before us, it is proposed for the same objects, to prove a particular neighborhood rumor or reputation, which is much worse.
All of which we think right.
We hold, that the words were actionable in themselves, They impute to the plaintiff, the crime of fornication, and that she was living in a state of fornication with Griggs.
Judgment affirmed.