McKee v. . Wilson
Supreme Court of North Carolina
Civil Actios tried on complaint and demurrer at July Special Term, 1882, of Gastos Superior Court, before Gudger, J. The complaint consists of a series of counts or causes of action separately stated, and imputes to the defendant the utterance of slanderous words, both written and spoken, concerning the plaintiff, whereof the first and second charged the publication in the Gastonia Gazette of the libellous matter therein set out, and the others with verbal defamation.
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Civil Actios tried on complaint and demurrer at July Special Term, 1882, of Gastos Superior Court, before Gudger, J. The complaint consists of a series of counts or causes of action separately stated, and imputes to the defendant the utterance of slanderous words, both written and spoken, concerning the plaintiff, whereof the first and second charged the publication in the Gastonia Gazette of the libellous matter therein set out, and the others with verbal defamation. As explanatory of the meaning and application of such words, the complaint alleges that the plaintiff was sheriff of thecounty…
1Opinion of the Court
Smith, C. J.,
after stating the above. It is well settled on authority that words spoken of a person in respect to his office or employment and actionable only by reason thereof, must be spoken, while he is holding such office or pursuing such employment, and riot afterwards. 1 Stark, on Slander; 123. “ If must appear,” says the writer, when the words were spoken of a barrister or physician, “ that he practiced as such at the time the words were spoken,” and to the same effect is 5 Wait Act. and Def., 7-12.
This is expressly ruled as a correct statement of the law-in Edwards v. Howell, 10…
2Cases cited1 opinion
- Forward v. AdamsNew York Supreme Court · 1831
3Cited by15 opinions
- State v. SurlesSupreme Court of North Carolina · 1949
- State v. SurlesSupreme Court of North Carolina · 1949
- Jones v. . BrinkleySupreme Court of North Carolina · 1917
- Oates v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1933
- Elmore v. . R. R.Supreme Court of North Carolina · 1925
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