Hester v. . Mullen
Supreme Court of North Carolina
This was a civil action to recover damages for alleged slander, tried before Brown, J., at Pall Term, 1890, of Lincoln Superior Court. The statement of case on appeal is as follows: “Upon the trial it was admitted by counsel that in the original complaint the plaintiff had complained and alleged a cause of action for words uttered by the defendant in April, 1888, to which the defendant answered and duly pleaded the statute of limitations.
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This was a civil action to recover damages for alleged slander, tried before Brown, J., at Pall Term, 1890, of Lincoln Superior Court. The statement of case on appeal is as follows: “Upon the trial it was admitted by counsel that in the original complaint the plaintiff had complained and alleged a cause of action for words uttered by the defendant in April, 1888, to which the defendant answered and duly pleaded the statute of limitations. The summons is dated and was issued January 20th, 1889. “At Spring Term, 1890, the plaintiff applied to the Court for general leave to amend the complaint,…
1Opinion of the CourtDavis, J.
after stating the facts: By section 157 of The Code, “an action for slander” must be brought within six months.
In the case before us the summons was issued the 21st of January, 1889.
The first complaint alleged a cause of action for words uttered in April, 1888, more than six .months before the summons was issued, and was barred.
At Spring Term, 1890, leave was granted to the plaintiff to amend his complaint, the defendant objecting, and on the 19th of April, 1890, he filed an amended complaint setting up a cause of action for other words uttered by the defendant on September 14th, 1888,…
2Cases cited2 opinions
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- Clevenger v. . GroverSupreme Court of North Carolina · 1937
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