ABERNATHY v. THORNTON

6 Div. 874.

83 So.2d 235 (1955)

Lucy ABERNATHY v. Jay THORNTON et al.

Supreme Court of Alabama.

Rehearing Denied November 3, 1955.


Attorney(s) appearing for the Case

D. G. Ewing, Earl McBee, Birmingham, and Alex. Smith, Jr., David McKay Enslen, Fayette, for appellant.

John A. Altman, Carrollton, and Edwood Rutledge, Haleyville, for appellees. Deramus, Fitts, Johnston & Mullins, Birmingham, amici curiae.


SIMPSON, Justice.

Lucy Abernathy sued Jay Thornton, O. C. Morgan and Oscar Roden for alleged invasion of her right of privacy. The trial court sustained demurrer to the complaint and by reason of this adverse ruling the plaintiff took a nonsuit and brought this appeal.

The pertinent allegations of the complaint on which the plaintiff sought to rest her right of action are: In June, 1953, the defendants Thornton and Morgan were engaged in publishing a newspaper...

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