Pegram v. . Stoltz
Supreme Court of North Carolina
Action for slander, tried before Gannon, J., at Fall Term, 1871, of the Superior Court of Forsythe. The paragraph of the complaint, containing the words alleged as the cause of action, is in the following words: “ That on the 4th day of August, 1870, at and in the County of Forsythe, the defendant, in the presence and hearing of sundry persons, maliciously spoke concerning the plaintiff the false and defamatory words following, viz: ‘ lie is a perjured man; he went to…
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Action for slander, tried before Gannon, J., at Fall Term, 1871, of the Superior Court of Forsythe. The paragraph of the complaint, containing the words alleged as the cause of action, is in the following words: “ That on the 4th day of August, 1870, at and in the County of Forsythe, the defendant, in the presence and hearing of sundry persons, maliciously spoke concerning the plaintiff the false and defamatory words following, viz: ‘ lie is a perjured man; he went to Davidson County and swore, before the Board of Registrars for Davidson County, that he was a citizen of Davidson County, and…
1Opinion of the CourtEodman, J.
We think it clear that the Judge fell into erroir when he instructed the jury (the statute of limitations not being pleaded) that tbe plaintiff could not recover, for slanderous words spoken more than six months before the commencement of the action. This was, in effect, to give the defendant the benefit of the statute without his having claimed it, which is against both reason and authority. 2 Saund., 63, a., Brickell v. Davis, 21 Pick. 404, C. C. P. Sec. 17. If defendant, either at first, or by permission of tbe Judge, upon the introduction in evidence of the words spoken in 1868, had…
2Cited by4 opinions
- Bryant v. . ReedySupreme Court of North Carolina · 1939
- Hamilton v. . NanceSupreme Court of North Carolina · 1912
- McCurry v. . McCurrySupreme Court of North Carolina · 1880
- Brown v. Western Union Telegraph Co.Supreme Court of North Carolina · 1915