Pope v. . Askew
Supreme Court of North Carolina
' This was an action on the case for publishing a libel, trial at Hertford, on the last circuit, before his Honor Judge Pearson.
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' This was an action on the case for publishing a libel, trial at Hertford, on the last circuit, before his Honor Judge Pearson. To prove that the defendant had written the libellous letter, the plaintiff called a witness by, the name of Alexander, who stated to the court, that he had only seen the defendant write on one occasion, when he wrote a contract between himself and the witness; that he had then noticed the manner in which the defendant handled his pen; that on another occasion he had received a note from the defendant, and observed the handwriting; and that he had thus acquired a…
1Opinion of the Court
Gaston, Judge.
Upon the best consideration which we have been able to give to this case, we are of opinion that a portion of the testimony offered by the plaintiff on the trial, and objected to by the defendant, was improperly received.
The fact in contestation was, whether the libel in question was written by the defendant or not. There was no direct evidence of the fact, and the plaintiff undertook to establish it by proving that the handwriting of the libel corresponded with the character of the defendant’s writing. For this purpose, he introduced, amongst others, a witness, Mr. Anderson,…
2Cited by5 opinions
- State v. LeDucSupreme Court of North Carolina · 1982
- Nicholson v. Eureka Lumber Co.Supreme Court of North Carolina · 1911
- Tunstall v. . CobbSupreme Court of North Carolina · 1891
- Newton v. . NewtonSupreme Court of North Carolina · 1921
- Boyd v. . LeatherwoodSupreme Court of North Carolina · 1914