Legal Opinion

Alexander v. . Vann

Supreme Court of North Carolina

Decided October 13, 1920PublishedCited by 19 opinions

Civil actioN for damages for libel, tried before Devin, J., at April Term, 1920, of Hektford. Tbe action was submitted to tbe jury upon tbe following issues: “1. Did tbe defendant publish of and concerning tbe plaintiff tbe letter set out in paragraph three of tbe complaint? Answer: ‘Yes.’ “2. Were tbe matters and things published of and concerning plaintiff in said letter true? 'Answer: No.’ “3. What damage, if any, is plaintiff entitled to recover therefor? Answer: ($500.’…

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Civil actioN for damages for libel, tried before Devin, J., at April Term, 1920, of Hektford. Tbe action was submitted to tbe jury upon tbe following issues: “1. Did tbe defendant publish of and concerning tbe plaintiff tbe letter set out in paragraph three of tbe complaint? Answer: ‘Yes.’ “2. Were tbe matters and things published of and concerning plaintiff in said letter true? 'Answer: No.’ “3. What damage, if any, is plaintiff entitled to recover therefor? Answer: ($500.’ ” From tbe judgment rendered tbe defendant appealed.

1Opinion of the CourtBkown, J.

We are-of opinion that Judge Devin was correct in bolding tbat tbe words of tbe letter are libelous of themselves, and actionable because tbe doctrine of qualified privilege does not apply. Tbe undisputed facts are tbat tbe plaintiff was a deputy sheriff of Hert-ford County under Sheriff Garrett at tbe time tbe said libelous letter was written and mailed to tbe sheriff of Pitt County. On 5 May, 1917, Sheriff Garrett received a telegram from sheriff McLawhorn of Pitt County requesting him to arrest one Zemas, a Hungarian of desperate character, a fugitive from justice, who bad murdered his…

2Cases cited3 opinions

  1. Fields v. . BynumSupreme Court of North Carolina · 1911
  2. State v. Greenville Publishing Co.Supreme Court of North Carolina · 1920
  3. Logan v. . HodgesSupreme Court of North Carolina · 1907

3Cited by19 opinions

  1. Harris v. NCNB National Bank of North CarolinaCourt of Appeals of North Carolina · 1987
  2. Dobson v. HarrisSupreme Court of North Carolina · 2000
  3. Cameron v. New Hanover Memorial Hospital, Inc.Court of Appeals of North Carolina · 1982
  4. RH Bouligny, Inc. v. United Steelworkers of Amer.Supreme Court of North Carolina · 1967
  5. Ponder v. CobbSupreme Court of North Carolina · 1962

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