Legal Opinion

McElwee v. . Blackwell

Supreme Court of North Carolina

Decided February 5, 1886PublishedCited by 10 opinions

Civil ACTION tried before Montgomery, Judge, at November Term, 1885, of the Superior Court of RowaN county. The facts appear in the opinion. The plaintiff appealed.

1Opinion of the CourtSmith, C. J.

Thiscausewascalledfortrial,andthedefendauts’ counsel moved to dismiss the action, on the ground “ that the coni’ plaint did not state facts sufficient to constitute a cause of action for slander of title, in that the words constituting the alleged slander, were not set forth in the complaint; and in that no special damages were alleged, and no facts stated or alleged showing special damages.” The Court being of opinion and having so intimated, that the objection was well taken and fatal, the plaintiff, in submission thereto, suffered a non-suit and appealed, so. that the only question to be…

2Cases cited3 opinions

  1. Haskins v. RoysterSupreme Court of North Carolina · 1874
  2. Jones v. . StanlySupreme Court of North Carolina · 1877
  3. Halstead v. . MullenSupreme Court of North Carolina · 1885

3Cited by10 opinions

  1. Hunt v. EureSupreme Court of North Carolina · 1925
  2. Hunt v. . EureSupreme Court of North Carolina · 1925
  3. McKinnon v. . McIntoshSupreme Court of North Carolina · 1887
  4. Eddleman v. . LentzSupreme Court of North Carolina · 1911
  5. Williams v. . ParsonsSupreme Court of North Carolina · 1914

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