Holmes v. . Johnson
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Sampson County, at the Spring Term 1850, his Honor Judge "Settle presiding. The action is for slanderous words spoken, imputing to the plaintiff the crime of stealing some watch guards and studs from the shop of the defendant in the town of Clinton ; and was tried on the pleas of not guilty and justification.
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Appeal from the Superior Court of Law of Sampson County, at the Spring Term 1850, his Honor Judge "Settle presiding. The action is for slanderous words spoken, imputing to the plaintiff the crime of stealing some watch guards and studs from the shop of the defendant in the town of Clinton ; and was tried on the pleas of not guilty and justification. The plaintiff called a witness, who stated that he, the witness, the plaintiff and defendant were members of a society called “A Lodge of Odd Fellows,” which met in Clinton; and that certain charges were preferred in the Lodge against the…
1Opinion of the Court
Ruffin, 0. J.
The execution is restricted to the question of evidence; and that, therefore, is the only point in the case. The Court think his Honor’s decision on it right. The object of the evidence seems to have been to show, that, as a member of the Society mentioned, the defendant was bound to give the information he did to the two witnesses, and thence to insist, that the communications were privileged. But the evidence was either unnecessary or insufficient to establish such a privilege; and in either case it was not erroneous to exclude it. For, if by the general law of the land…
2Cited by2 opinions
- Beckwith, Ex ParteSupreme Court of North Carolina · 1899
- Hayle v. . CowanSuperior Court of North Carolina · 1793