Rice v. . McAdams
Supreme Court of North Carolina
ActxoN for slander, tried before Webb, J., and a jury, at March Term, 1908, of ObaNge. These issues were submitted without exception: 1. Did the defendants falsely and maliciously speak of the plaintiff to Jacob Douglass the words set out in section two of the complaint, or words of same substance ? Answer: No. 2.-Did the defendants, in the home of Will Tate and John Tate, falsely and maliciously speak of the plaintiff the words set out in section three of the complaint, or…
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ActxoN for slander, tried before Webb, J., and a jury, at March Term, 1908, of ObaNge. These issues were submitted without exception: 1. Did the defendants falsely and maliciously speak of the plaintiff to Jacob Douglass the words set out in section two of the complaint, or words of same substance ? Answer: No. 2.-Did the defendants, in the home of Will Tate and John Tate, falsely and maliciously speak of the plaintiff the words set out in section three of the complaint, or words of same substance? Answer: No. 3. Did defendants falsely and maliciously speak to Thomas Lynch concerning the…
1Opinion of the CourtBrown, J.
1. In the complaint as originally drawn, the plaintiff undertook to join these two defendants for uttering different slanderous words as to him. The defendants demurred ore tenus to the complaint upon the ground of a mis-joinder.
We are not favored by plaintiff with any authority which, we think, sustain his contention that a joint action may be maintained against two or more persons for words spoken, unless the defendants are connected by allegation and proof of a common design and purpose. As a general rule, such an action cannot be maintained, for the words of one arc not the words of the…
2Cases cited2 opinions
- Street v. . TuckSupreme Court of North Carolina · 1881
- Gattis v. . KilgoSupreme Court of North Carolina · 1899
3Cited by9 opinions
- Fields v. . BynumSupreme Court of North Carolina · 1911
- Shuping v. BarberCourt of Appeals of North Carolina · 1988
- Greer v. Skyway Broadcasting CompanySupreme Court of North Carolina · 1962
- Hamilton v. . NanceSupreme Court of North Carolina · 1912
- Lewis v. . CarrSupreme Court of North Carolina · 1919
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