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8 Ala. App. 501

Fiquette v. Sanders

Alabama Court of Appeals

Decided April 24, 1913

Alabama Court of Appeals · decided 1913-04-24

Heard before Hon. W. W. Pearson. Action by Lulu Dennis Sanders against W. J. Fiquette, for damages for libel and slander. Judgment for plaintiff and defendant appeals. The charges referred- to in the opinion as being requested were affirmative charges not to find for plaintiff if the jury believed the evidence.

Cited by 1 later decisions — most recently October 1915

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1913-04-24

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WALKER, P. J.

¶1— Whether or not the defendant’s motion to quash the summons in the cause and to set aside the service because of the complaint not having been signed by the plaintiff or her attorney (Code, § 5297) was well taken, all ground of objection on this score was removed by the plaintiff’s amending her complaint by having it signed by her attorney and by the defendant’s taking issue on the complaint. If the court erred in its disposition of the motion, the error was cured by the subsequent proceedings.

¶2There was evidence tending to support the averments of the complaint, as it was amended after the conclusion’of the evidence, and the court properly refused to give the written charges requested by the defendant.

¶3Affirmed.

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