Ramsey v. . Cheek
Supreme Court of North Carolina
Civil ACTION, tried before Boylcin, J., at March Term, 1891, of Durham Superior Court. The alleged libel was contained in a letter written by defendant to the Superintendent of the Census, as follows: “Hillsboro, N. C., June 10th, 1890. Hon. Robert Porter, Washington, D. C.: Dear Sir — In this district Mr. Hawkins appointed a large majority of enumerators, extreme Democrats, ballot-box stuff-ers, among them MURDERERS and drunkards.
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Civil ACTION, tried before Boylcin, J., at March Term, 1891, of Durham Superior Court. The alleged libel was contained in a letter written by defendant to the Superintendent of the Census, as follows: “Hillsboro, N. C., June 10th, 1890. Hon. Robert Porter, Washington, D. C.: Dear Sir — In this district Mr. Hawkins appointed a large majority of enumerators, extreme Democrats, ballot-box stuff-ers, among them MURDERERS and drunkards. I having represented the county and Durham in the State Legislature, having been the Republican candidate for the State Senate last election, thought that I was…
1Opinion of the Court
Clark, J.:
The words used charged the plaintiff with an indictable offence, and also w'ere calculated to disparage him in his office. They were actionable per se. The defendant introduced no evidence, neither to prove the truth of the allegations nor to show that he had written the letter for an honest bona fide purpose, but contended that the letter was a privileged communication, and that the burden was on the plaintiff to show express malice, which he had failed to do. The Court being of opinion with the defendant, the plaintiff took a nonsuit and appealed. In libel and slander, if the…
2Cases cited1 opinion
- Wakefield v. . SmithwickSupreme Court of North Carolina · 1857
3Cited by54 opinions
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- Flake Ex Rel. Flake v. Greensboro News Co.Supreme Court of North Carolina · 1938
- Osborn v. Leach.Supreme Court of North Carolina · 1904
- Jarman v. OffuttSupreme Court of North Carolina · 1954
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