Hall v. . Hall
Supreme Court of North Carolina
Appeal by defendant from McMroy, J., at tbe July Term, 1919, of Ashe. This is an action to recover damages for the publication of a libel of and concerning the plaintiff, contained in a letter written by the defendant to the married daughters of the plaintiff in the following words: “I hate to expose him as he is my brother and your father, but he is trying to expose me, and I will have a suit for him when he comes over, instead of bringing feed for bis cattle wben be was in…
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Appeal by defendant from McMroy, J., at tbe July Term, 1919, of Ashe. This is an action to recover damages for the publication of a libel of and concerning the plaintiff, contained in a letter written by the defendant to the married daughters of the plaintiff in the following words: “I hate to expose him as he is my brother and your father, but he is trying to expose me, and I will have a suit for him when he comes over, instead of bringing feed for bis cattle wben be was in Wilkes be went to a man’s stacks in tbe darkness of tbe nigbt and got bim a load of fodder, put it in bis wagon, and…
1Opinion of the CourtAllen, J.
Tbe motion for nonsuit is on tbe ground that tbe letter written by tbe defendant does not, by fair intendment, charge tbe plaintiff with tbe crime of larceny, or with an attempt to commit tbe crime of incest, and that if it does so tbe plaintiff admitted tbe truth of tbe charges contained in tbe letter.
Tbe defendant fails to note tbe distinction between oral and written slander, or libel, tbe latter being actionable if it tends “to render tbe party liable to disgrace, ridicule, or contempt, and it need not impute any definite infamous crime. Simmons v. Morse, 51 N. C., 7.” Brown v. Lumber…
2Cases cited4 opinions
- Fields v. . BynumSupreme Court of North Carolina · 1911
- Brown v. Elm City Lumber Co.Supreme Court of North Carolina · 1914
- Ivie v. . KingSupreme Court of North Carolina · 1914
- McCall v. SustairSupreme Court of North Carolina · 1911
3Cited by10 opinions
- Flake Ex Rel. Flake v. Greensboro News Co.Supreme Court of North Carolina · 1938
- Lutz Industries, Inc. v. Dixie Home StoresSupreme Court of North Carolina · 1955
- Hege v. SellersSupreme Court of North Carolina · 1954
- Hedgepeth Ex Rel. Hedgepeth v. ColemanSupreme Court of North Carolina · 1922
- Roth v. . News Co.Supreme Court of North Carolina · 1940
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