Brittain v. . Allen
Supreme Court of North Carolina
From Buncombe. The Plaintiff declared against the Defendant in case for slander, as follows : “Philip Brittain complains of James Allen, in custody', &c. of a plea of trespass on the case, Etc.
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From Buncombe. The Plaintiff declared against the Defendant in case for slander, as follows : “Philip Brittain complains of James Allen, in custody', &c. of a plea of trespass on the case, Etc. Tor that whereas the said Philip now is a just, honest and correct man and citizen of this State, and as such hath always, &c. and until the committing of the several grievances by the said Jumes, as hereinafter mentioned, was always reputed, &c. by all his neighbors, &c. to whom he was in any wise known, to be, &c. And whereas, also, the said Philip hath never been guilty, nor until the committing of…
1Opinion of the Court
Henderson, Chief Justice.
— The words charged to have been spoken, are not actionable of themselves, but may be made so by a colloquium, or by introductory matter, with an innuendo. The colloquium is the subject matter, in reference to w hich the words were spoken. What is commonly called the introduction, contains foreign or extrinsic facts, known to t’us boaters, and alluded to by the speaker, by which a slanderous character may be given to words ambiguous in themselves, or apparently harmless. The innuendo avers the meaning of the words as intended by the speaker, and as understood by the…
2Cited by4 opinions
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- State v. . LevySupreme Court of North Carolina · 1924
- State v. LevySupreme Court of North Carolina · 1924
- State v. . HowardSupreme Court of North Carolina · 1915