Gudger v. . Penland
Supreme Court of North Carolina
This was an action for slander, heard on demurrer at the February Term, 1890, of the Superior Court of Buncombe County, before Philips, J. The complaint and demurrer were as follows: The plaintiff, complaining of the defendant, alleges— 1. That he is now a good, true and honest citizen of this State, and as such hath always conducted himself, and, until the committing of the grievances hereinafter mentioned, was always reputed to be a person of good fame and credit, and hath…
Read the full summary
This was an action for slander, heard on demurrer at the February Term, 1890, of the Superior Court of Buncombe County, before Philips, J. The complaint and demurrer were as follows: The plaintiff, complaining of the defendant, alleges— 1. That he is now a good, true and honest citizen of this State, and as such hath always conducted himself, and, until the committing of the grievances hereinafter mentioned, was always reputed to be a person of good fame and credit, and hath never been guilty, nor, until the committing of the said grievances, been suspected to have been guilty of swearing…
1Opinion of the Court
A VERY, J.:
The charge that one has committed an infamous offence, if false, is actionable per se. Pegram v. Stoltz, 76 N. C., 349; Wilson v. McKee, 87 N. C., 300; Sparrow v. Maynard, 8 Jones, 195; Eure v. Odom, 2 Hawks., 52. It is not material whether the offence charged falls within the classification of felonies or misdemeanors, if, at the time when the words are spoken, a person convicted on indictment for it would be subject to infamous punishment. Eure v. Odom, supra. Imprisonment in the State prison is infamous punishment. Wilson v. McKee, supra; In the matter of Hughes, Phil., 62.…
2Cases cited5 opinions
- Harris v. . SneedenSupreme Court of North Carolina · 1889
- Nissen v. . CramerSupreme Court of North Carolina · 1889
- McKee v. . WilsonSupreme Court of North Carolina · 1882
- State v. . BrownSupreme Court of North Carolina · 1878
- Pegram v. . StoltzSupreme Court of North Carolina · 1877
3Cited by13 opinions
- State v. SurlesSupreme Court of North Carolina · 1949
- State v. SurlesSupreme Court of North Carolina · 1949
- Buehrer v. Provident Mutual Life Ins.Ohio Supreme Court · 1931
- Scott v. Statesville Plywood & Veneer Co.Supreme Court of North Carolina · 1954
- Hartsfield v. Harvey C. Hines Co.Supreme Court of North Carolina · 1931
8 more not listed; retrieve them via the Exa API.