CITE AS 144 SO.2D 25 THE NEW YORK TIMES COMPANY ET AL. V. L. B. SULLIVAN. 3 DIV. 961. Supreme Court of Alabama. Aug. 30, 1962. Suit for libel against nonresident, corporate, newspaper publisher and others. The Circuit Court, Montgomery County, Walter B. Jones, J., entered a judgment for the plaintiff and the defendants appealed. The Supreme Court, Harwood, J., held that the publication of lib…
The Times sends about 390 daily, and 2,500 Sunday editions into Alabama. Shipments are made by mail, rail, and air, with transportation charges being prepaid by The Times. Dealers are charged for the papers. Credit is given for unsold papers and any loss in transit is paid by The Times. Claims for losses are handled by baggagemen in Alabama, and The Times furnished claim cards to dealers who bring…
By Act No. 282, approved 5 August 1953 (Acts of Alabama, Reg.Sess.19s3, page 347) amending a prior Act of 1949, it was provided that any non-resident person, firm, partnership or corporation, not qualified to do business in this State, who shall do any business or perform any character of work or service in this State shall by so doing, be deemed to have appointed the Secretary of State to be his …
[9] The trial court also found that The Times, by including as a ground of the prayer in its motion to quash, the following, "* * * that this court dismiss this action as to The New York Times Company, A Corporation, for lack of jurisdiction of the subject matter of said action * * *" did thereby go beyond the question of jurisdiction over the corporate person of The Times, and made …
The plaintiff first introduced the depositional testimony of Harding Bancroft, secretary of The Times. Mr. Bancroft thus testified that one John Murray brought the original of the advertisement to The Times where it was delivered to Gershon Aronson, an employee of The Times a Thermo-fax copy of the advertisement was turned over to Vincent Redding, manager of the advertising department, and Redding…
[45] Under assignment of error No. 81, The Times argues those grounds of its motion for a new trial asserting that the damages awarded the plaintiff are excessive, and the result of bias, passion, and prejudice. In Johnson Publishing Co. v. Davis, supra, Justice Stakely in rather definitive discussion of a court's approach to the question of the amount of damages awarded in libel actions ma…
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