Smith v. . Smith
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Pitt County, at the Fall Term, 1847, his Honor Judge Battle presiding. The action is for slander, in indirectly imputing to the plaintiff the crime of perjury, by saying to him, when speaking in reference to the trial of an indictment against one Bryant Adams, and to the examination of the plaintiff as a witness on the trial, “You swore to a lie, and I can prove it/’ Plea, not guilty., In support of his declaration, the plaintiff gave…
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Appeal from the Superior Court of Law of Pitt County, at the Fall Term, 1847, his Honor Judge Battle presiding. The action is for slander, in indirectly imputing to the plaintiff the crime of perjury, by saying to him, when speaking in reference to the trial of an indictment against one Bryant Adams, and to the examination of the plaintiff as a witness on the trial, “You swore to a lie, and I can prove it/’ Plea, not guilty., In support of his declaration, the plaintiff gave in evidence, the record of an indictment against Adams for a battery on the present defendant, on which there was a…
1Opinion of the CourtRuffin, C. J.
There are several reasons why the defendant can take nothing on his first point.
In the first place, error will not lie for a refusal to non-suit ; because the Court is not bound to do so in any case, but has the discretion to leave the matter to the decision of the jury ; except in the few cases, in which the duty is imposed by statute. The defendant should have asked an instruction to the jury, and then he might have brought his case here, for a wrong direction given, or a right one refused. In the second place, if the objection had been good at the time it was taken, it was immediately…
2Cited by3 opinions
- Upchurch v. Robertson.Supreme Court of North Carolina · 1900
- Kelly v. . GoodbreadSupreme Court of North Carolina · 1816
- Littlejohn v. Piedmont Publishing Co.Court of Appeals of North Carolina · 1969