Byrd v. Hudson
Supreme Court of North Carolina
Civil ACTION for libel, tried ’before Shvford, J., and a jury, at September Term, 1893, of Wayne Superior Court. The libel complained of was a circular letter published and circulated by the defendants, and was as follows: “To the Democratic Voters of Wayne County: “At the Democratic meeting held the 3d of September, 1892, for Grantham’s township, to select delegates to the County Convention and nominate a tax-collector, constables, etc., Joe Byrd was fraudulently placed on…
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Civil ACTION for libel, tried ’before Shvford, J., and a jury, at September Term, 1893, of Wayne Superior Court. The libel complained of was a circular letter published and circulated by the defendants, and was as follows: “To the Democratic Voters of Wayne County: “At the Democratic meeting held the 3d of September, 1892, for Grantham’s township, to select delegates to the County Convention and nominate a tax-collector, constables, etc., Joe Byrd was fraudulently placed on the ticket for tax-collector. Now I will let you know how he secured the nomination. A few so-called Democrats,.led by a…
1Opinion of the Court
Clark, J.:
1. The testimony of the plaintiff touching his conversation with McCullen was competent as corroborative of his testimony on the trial. State v. Whitfield, 92 N. C., 831. There is no exception that the Court failed to instruct the jury that they should consider it only in that view, and it will be presumed that proper instructions were given. State v. Powell, 106 N. C., 635.
2. The second exception was abandoned, and as to the third exception, the testimony of Stevens was clearly competent, as tending to prove malice. 13 Am. & Eng. Enc., 431, §4.
3. The question put to defendant on…
2Cases cited7 opinions
- Ramsey v. . CheekSupreme Court of North Carolina · 1891
- State v. . WhitfieldSupreme Court of North Carolina · 1885
- Hudson v. . JordanSupreme Court of North Carolina · 1891
- State v. . PowellSupreme Court of North Carolina · 1890
- State v. . LewisSupreme Court of North Carolina · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. . SteeleSupreme Court of North Carolina · 1925
- Ponder v. CobbSupreme Court of North Carolina · 1962
- State v. SteeleSupreme Court of North Carolina · 1925
- Burnett v. Wilmington, Newbern & Norfolk Railway Co.Supreme Court of North Carolina · 1897
- State v. . TysonSupreme Court of North Carolina · 1903
7 more not listed; retrieve them via the Exa API.