Carter v. . King
Supreme Court of North Carolina
Civil action, tried before Harding, J., at February Term, 1917, of Rockingham:, upon, these issues: 1. Did the defendant publish of and concerning the plaintiff in a letter to A. L. Brooks, Esq., the words set out in the plaintiff’s second cause of action ? Answer: Yes. 2. If so, did the defendant thereby .charge the plaintiff with corruption or bribery in the discharge of his duties as a juror? Answer: Yes. 3. What damages, if any, is the plaintiff entitled to recover of…
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Civil action, tried before Harding, J., at February Term, 1917, of Rockingham:, upon, these issues: 1. Did the defendant publish of and concerning the plaintiff in a letter to A. L. Brooks, Esq., the words set out in the plaintiff’s second cause of action ? Answer: Yes. 2. If so, did the defendant thereby .charge the plaintiff with corruption or bribery in the discharge of his duties as a juror? Answer: Yes. 3. What damages, if any, is the plaintiff entitled to recover of the defendant ? Answer: $1,500. From the judgment rendered, defendant appealed.
1Opinion of the CourtBrown, J.
1. During the selection of the jury the defendant challenged Juror R. C. Comer on the ground of kinship to the plaintiff, the juror stating that he was fifth cousin to the plaintiff. • The court held that a fifth cousin is not within the ninth degree, and held that his kinship was not cause for challenge. The defendant then .challenged said juror peremptorily, and he thereafter exhausted his other three challenges before accepting the jury.
There is nothing in the record to indicate that there was any person on the jury against defendant’s will. He-had gotten rid of Comer and had exhausted his…
2Cases cited5 opinions
- State v. . LambertSupreme Court of North Carolina · 1885
- State v. MaultsbySupreme Court of North Carolina · 1902
- State v. . JonesSupreme Court of North Carolina · 1879
- Mix v. WoodwardSupreme Court of Connecticut · 1837
- Gove v. BlethenSupreme Court of Minnesota · 1874
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- State v. AllredSupreme Court of North Carolina · 1969
- State v. WatsonSupreme Court of North Carolina · 1984
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