Edwards v. . Howell
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Macon Count}', at the Spring Term, 1849, his Honor Judge Bailey presiding. This was an action of slander. The plaintiff had been a constable in the year 1S43 and was again appointed in 1846. The defendant, speaking of a return made by the plaintiff on an execution, which had been in his hands as constable in 1843, said that he had made a false return.
Read the full summary
Appeal from the Superior Court of Law of Macon Count}', at the Spring Term, 1849, his Honor Judge Bailey presiding. This was an action of slander. The plaintiff had been a constable in the year 1S43 and was again appointed in 1846. The defendant, speaking of a return made by the plaintiff on an execution, which had been in his hands as constable in 1843, said that he had made a false return. The words were spoken, while the plaintiff was acting as constable in 1846. Much testimony was given on the trial on both sides, but it is unnecessary to repeat it here. The jury, under the instructions…
1Opinion of the CourtPearson, J.
The plaint iff’was a constable in the year 1843. In 1S46, he was again appointed and acted as constable. The defendant, in 1S46, speaking of the plaintiff’, while acting as constable in 1S4S, said, he had made a false return, in returning an execution in the defendant’s favor against one Roland, “No Goods.” To charge a constable with making a false return, does not subject him to indictment for an offence, of which the punishment is infamous ; and the words are therefore not actionabh * without proof of special damage, unless it falls under the third class of cases, laid down in the books, as…
2Cited by2 opinions
- Gattis v. Kilgo.Supreme Court of North Carolina · 1901
- Scott v. . HarrisonSupreme Court of North Carolina · 1939