Stokes v. . Arey
Supreme Court of North Carolina
Action on the case for slander, tried before French, J., at the last Fall Term of Stanly Superior Court. Plaintiff declared in two counts: 1st. “ Ton stole old John Henly’s canoe.” 2ndly. “ Ton as good as stole old John Henly’s canoe.” Plea: General issue. Evidence was submitted to the jury on both counts. The counsel for the plaintiff requested the Court to charge the jury, that the second count was actionable per se.
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Action on the case for slander, tried before French, J., at the last Fall Term of Stanly Superior Court. Plaintiff declared in two counts: 1st. “ Ton stole old John Henly’s canoe.” 2ndly. “ Ton as good as stole old John Henly’s canoe.” Plea: General issue. Evidence was submitted to the jury on both counts. The counsel for the plaintiff requested the Court to charge the jury, that the second count was actionable per se. His Honor declined giving the instruction asked; but, told them that the first count was actionable per se; but, as to the second count, he submitted it to the jury as…
1Opinion of the CourtManly, J.
The law has been substantially administered in • this case, and the appellant has no just ground of complaint. We are clearly of opinion, that the words in the second count ought not to have been pronounced actionable, per se, by the Court. And whether they ought to have been submitted to the jury as a doubtful idiom, depending upon local usage, or determined by the Court as matter of judicial Construction, is indifferent to the appellant; for quaeungue vié data, the result to him is the same.
Upon a submission of the point in dispute, to the jury, they found correctly; that the words did not…
2Cited by3 opinions
- Castelloe v. . PhelpsSupreme Court of North Carolina · 1930
- Brady v. . WilsonSupreme Court of North Carolina · 1825
- Wall v. . HoskinsSupreme Court of North Carolina · 1844