McBrayer v. . Hill
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Rutherford county at the special term in July, 1843, his Honor Judge Dick presiding. This was an action of slander, in which the declaration alleged that the defendant had charged the plaintiff’s wife with incontinence: Plea, not guilty.
Read the full summary
Appeal from the Superior Court of Law of Rutherford county at the special term in July, 1843, his Honor Judge Dick presiding. This was an action of slander, in which the declaration alleged that the defendant had charged the plaintiff’s wife with incontinence: Plea, not guilty. The first witness for the plaintiff proved, that the defendant said he went to the plaintiff’s house — that the plaintiff’s wife asked him to go into a room to see some carpenter’s work that had been done in the house — that she commenced sweeping the house — . that he put his hand upon her and she rose op and kissed…
1Opinion of the Court
Ruffiií C. J.
The statute of 18(58, Rev. Stat. c. 110, gives to a woman an action for words “which amount to_a charge of incontinency;” which imports, we think, not mere-imputation of impure desires or a lascivious disposition, but the criminal fact oí adultery or fornication. It has not pleased the Legislature to go farther, and, perhaps, it could not be safely done; though often the accusation of a propensity, or the imputation of such conduct as only evinces propensity, and'nothing more, may be as destructive to the reputation of a woman, as the most explicit charge of personal…
2Cited by7 opinions
- Elmore v. . R. R.Supreme Court of North Carolina · 1925
- Morris v. BruneyCourt of Appeals of North Carolina · 1986
- Elmore v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1925
- McCall v. SustairSupreme Court of North Carolina · 1911
- McCall v. . SustairSupreme Court of North Carolina · 1911
2 more not listed; retrieve them via the Exa API.