Sumner v. . Shipman
Supreme Court of North Carolina
Action on the case brought under the old system, and tried before Cloud, J., at Fall Term, 1870, of Buncombe Superior Court. The plaintiff declared in two counts : 1st. That the defendant had maliciously prosecuted him for perjury, and without probable cause. 2d. That the defendant charged the plaintiff with having sworn to a lie, as a witness in a suit pending in the Superior Court of law of Buncombe County, where John Sumner was plaintiff, and Eli Aslily was defendant.
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Action on the case brought under the old system, and tried before Cloud, J., at Fall Term, 1870, of Buncombe Superior Court. The plaintiff declared in two counts : 1st. That the defendant had maliciously prosecuted him for perjury, and without probable cause. 2d. That the defendant charged the plaintiff with having sworn to a lie, as a witness in a suit pending in the Superior Court of law of Buncombe County, where John Sumner was plaintiff, and Eli Aslily was defendant. The defendant pleaded general issue, statute of limitations, justification. It is unnecessary to report the evidence. Tlis…
1Opinion of the CourtBoyden, J.
The charge of his Honor, as to what would •constitute a justification, if erroneous, could not have prejudiced the plaintiff', as the verdict for the defendant upon the plea of the general issue, precluded the consideration of the issue upon the plea of justification.
We would not be understood as intimating that his Honor’s charge was erroneous upon that point, for, as we understand his charge,'we are inclined to think it correct.
The counsel for the plaintiff insisted, that as the jury had not passed upon the plea of justification, he had a right to avail himself of the admission in that…
2Cited by4 opinions
- Reed v. . ReedSupreme Court of North Carolina · 1885
- Lake Shore & M. S. Ry. Co. v. WarrenWyoming Supreme Court · 1885
- Moore v. . EdmistonSupreme Court of North Carolina · 1874
- Whitaker v. . FreemanU.S. Circuit Court for the District of North Carolina · 1826