Legal Opinion

McDougald v. Coward

Supreme Court of North Carolina

Decided October 15, 1886PublishedCited by 5 opinions

Civil actiok, tried before Philips, Judge, and a jmy, at Spring Term, 1886, of GiieeNE Superior Court. The plaintiff’s action, begun on July 6th, 1885, is prosecuted for the recovery of damages, for the utterance, by the defendant, of defamatory words concerning the plaintiff, on several different occasions, imputing a want of virtue, and charging acts of illicit sexual intercourse with divers persons, and among them the defendant’s son.

Read the full summary

Civil actiok, tried before Philips, Judge, and a jmy, at Spring Term, 1886, of GiieeNE Superior Court. The plaintiff’s action, begun on July 6th, 1885, is prosecuted for the recovery of damages, for the utterance, by the defendant, of defamatory words concerning the plaintiff, on several different occasions, imputing a want of virtue, and charging acts of illicit sexual intercourse with divers persons, and among them the defendant’s son. The speaking of the words, substantially as set out in the complaint, is not denied by the defendant, and he admits he meant to charge incon-tinency. Some of…

1Opinion of the Court

Smith, C. J.,

(after stating the facts). We are now prepared to enter upon an examination of the plaintiff's exceptions, and they have reference to the rulings upon the admissibility of evidence.

I. The defendant asked of one John Patrick, a witness introduced by the plaintiff, and examined as to a conversation with the defendant, in which the latter made charges of her improper relations with his son John, the following-question : “ What was the mental condition of the defendant at the time of that conversation ?” stating, on the plaintiff’s objection to its being answered, that it was not…

2Cases cited2 opinions

  1. Bost v. . BostSupreme Court of North Carolina · 1882
  2. Perry v. . JacksonSupreme Court of North Carolina · 1883

3Cited by5 opinions

  1. Upchurch v. Robertson.Supreme Court of North Carolina · 1900
  2. State v. . HinsonSupreme Court of North Carolina · 1889
  3. Irvine v. GibsonCourt of Appeals of Kentucky · 1904
  4. Baldwin v. BoulwareMissouri Court of Appeals · 1899
  5. Harper v. PinkstonSupreme Court of North Carolina · 1893

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API