King v. . Whitley
Supreme Court of North Carolina
This was an action on the case for slanderous words, tried before Saunders, J., at Spring Term, 1860, of Johnston,. Superior Court.
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This was an action on the case for slanderous words, tried before Saunders, J., at Spring Term, 1860, of Johnston,. Superior Court. The declaration filed in this case, charged in the first count, that defendant said at a public gathering at Boon Hill, on the first Thursday in August, 1857, in the presence and hearing of many persons, as follows, viz : “ He (meaning the plaintiff) is the man who swore to lies against us,” meaning himself, Haywood Ramis and others, who had been indicted in the County Court of Johnston a short time before and tried, and in which case plaintiff was sworn and…
1Opinion of the CourtBattle, J.
One of the questions upon which the counsel for the defendant, have mainly relied in the argument before this Court, is not so clearly and distinctly stated in the bill of exceptions, as it ought to be, but enough appears to show that it was raised on the trial; and for that reason the defendant is entitled to the benefit of it, if it be in his favor.
Upon the issue formed by the plea of the general issue, it was, of course, incumbent upon the plaintiff to prove that the words spoken were the same as he had charged in one or more of the counts of his declaration. The testimony of his…
2Cited by1 opinion
- Whitaker v. . FreemanU.S. Circuit Court for the District of North Carolina · 1826