Jenkins v. . Cockerham
Supreme Court of North Carolina
This was an action on the case for slander, tried at the Fall Term, 1840, of Haywood Superior Court, before his honor Judge Baxley. The declaration set forth, in substance, that the defendant had charged the plaintiff with swearing to a lie, upon the trial of an indictment against the defendant for a misdemeanor. The defendant pleaded the general issue, statute of limitations and justification.
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This was an action on the case for slander, tried at the Fall Term, 1840, of Haywood Superior Court, before his honor Judge Baxley. The declaration set forth, in substance, that the defendant had charged the plaintiff with swearing to a lie, upon the trial of an indictment against the defendant for a misdemeanor. The defendant pleaded the general issue, statute of limitations and justification. The plaintiff prow ed the speaking of the words by the defendant, and then offered to prove by parol the day on which the writ issued, there being no date of its issuing marked upon the writ. The…
1Opinion of the Court
Daniel Judge.
Three qtíésíions arise in this Case.— First, whether parol evidence could be received to shew when the writ issued. We are of the opinion that the court was correct in overruling the objection to this- evidence. The act of Assemby directs the clerk to mark the day of issuing process:' this is only directory under a penalty; there is nothing in the act confining the proof of the time to the mark of the clerk oh the writ. It was a fact to be proved by the best evidence the nature of the case admitted, Boyden vs. O’Deneal, 1 Dev. 171. Secondly, to support the plea of justification,…
2Cited by2 opinions
- Boyden v. . OdenealSupreme Court of North Carolina · 1827
- Moore v. . EdmistonSupreme Court of North Carolina · 1874