Paul v. . Burton
Supreme Court of North Carolina
Civil ACTION, tried before Granmer, J., and a jury, at May Term, 1920, of Beaufort. From a perusal of tbe record it appears that plaintiff instituted bis action in said court against tbe National Auction Company, S. A. Eure, and W. T. Burton, trading as Burton Brothers, and filed bis complaint therein duly verified, construed on tbe bearing as setting forth two causes of action against defendants, one for breach of contract, and the second for libel in publishing in tbe…
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Civil ACTION, tried before Granmer, J., and a jury, at May Term, 1920, of Beaufort. From a perusal of tbe record it appears that plaintiff instituted bis action in said court against tbe National Auction Company, S. A. Eure, and W. T. Burton, trading as Burton Brothers, and filed bis complaint therein duly verified, construed on tbe bearing as setting forth two causes of action against defendants, one for breach of contract, and the second for libel in publishing in tbe papers a repudiation of said contract, said publication alleged to have contained false and defamatory matter concerning…
1Opinion of the CourtHoKE, J.
Without adverting to the various objections presented in the record, except to say that the publication complained of seems to be of a libelous tenor, the statutes more directly appertaining to the principal exception, and authoritative decisions construing the same, are to the effect that errors in the charge, or in granting or refusing to grant prayers for instructions, shall be deemed excepted to “without the filing of any formal objections,” and, if specifically raised and properly presented in the case on appeal, prepared and tendered in apt time, they shall be considered and passed upon…
2Cases cited5 opinions
- Lowe v. . ElliottSupreme Court of North Carolina · 1890
- Bernhardt v. . BrownSupreme Court of North Carolina · 1896
- National Bank of Asheville v. SumnerSupreme Court of North Carolina · 1896
- Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
- Cameron v. . Power Co.Supreme Court of North Carolina · 1904
3Cited by4 opinions
- Cherry v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1923
- Smith v. . Supply Co.Supreme Court of North Carolina · 1938
- Rice v. Swannanoa-Berkeley Hotel Co.Supreme Court of North Carolina · 1936
- Smith ex rel. Smith v. Dillon Supply Co.Supreme Court of North Carolina · 1938