Briggs v. . Byrd
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Yancy county, Spring Term, 1851, his Honor Judge Settle presiding. This is an action for words spoken, with the intent to charge the plaintiff with having stolen biscuits. Plea not guilty.
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Appeal from the Superior Court of Law of Yancy county, Spring Term, 1851, his Honor Judge Settle presiding. This is an action for words spoken, with the intent to charge the plaintiff with having stolen biscuits. Plea not guilty. The declaration stated, that a report had been in circulation, that the plaintiff had stolen some biscuit belonging to one Elisha Iiunicutt, and that the defendant, speak-jng of the plaintiff, and of the said report, said-, in the heari ing of diVeis persons, of and concerning the plaintiff: “ I will make the biscuits roar under the cloak before Saturday pight,” with…
1Opinion of the CourtRuffin, C. J.
The privilege of charging persons with offences in a judicial proceeding, or with a view to one, is given by the'law, because the public interests require complaints to be made against offenders, or those really suspected of being such, and the complaints cannot be made without the use of such words, as would, if spoken on a different occasion, be slanderous. Hence, a person is not answerable for anything he says, in honestly preferring a complaint before a justice of the peace; and, prima facie, eve ry application is to be deemed honest, and to have been preferred upon good motives, until…
2Cited by11 opinions
- Herbert v. LandoSupreme Court of the United States · 1979
- Pecue v. . WestNew York Court of Appeals · 1922
- State v. CouncilSupreme Court of North Carolina · 1901
- Thornburg v. . LongSupreme Court of North Carolina · 1919
- Mitchell v. BondMississippi Supreme Court · 1904
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