Legal Opinion

Hampton v. . Wilson

Supreme Court of North Carolina

Decided June 5, 1834PublishedCited by 7 opinions

Case for slanderous words spoken of the feme plaintiff, before her marriage. Pieas, not guilty, and a justification. On the trial before Strange, Judge, at Lincoln, on the last circuit, the evidence was, that the defendant had said that it was reported the feme plaintiff was incontinent. The defendant offered proof of the existence of such a report, but of no fact or circumstance in any way impeaching her character.

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Case for slanderous words spoken of the feme plaintiff, before her marriage. Pieas, not guilty, and a justification. On the trial before Strange, Judge, at Lincoln, on the last circuit, the evidence was, that the defendant had said that it was reported the feme plaintiff was incontinent. The defendant offered proof of the existence of such a report, but of no fact or circumstance in any way impeaching her character. His Honor charged the jury that if there was such a report in circulation it could not avail the defendant upon his special plea, justifying the words. A verdict was returned for…

1Opinion of the Court

IIuppiN, Chief-Justice

The only question in this caséis, whether the defendant’s plea of justification is a bar, without an averment in it, and proof that the report propagated by the defendant, was true in fact. The learned Judge held that it was not, unless the matter was true as reported, and the defendant excepted to his opinion.

The case of the Earl of Northampton, (12 Rep. 132,) is the leading authority upon this subject. It is there laid down, that in slander of a private person, if J. S. publish that he hath heard J. AY. say that J. S. was a thief, if the truth he such, he may justify.…

2Cases cited1 opinion

  1. Dole v. LyonNew York Supreme Court · 1813

3Cited by7 opinions

  1. Hamilton v. . NanceSupreme Court of North Carolina · 1912
  2. McCall v. SustairSupreme Court of North Carolina · 1911
  3. McCall v. . SustairSupreme Court of North Carolina · 1911
  4. Johnston v. . LanceSupreme Court of North Carolina · 1847
  5. Swinson v. Lance Packing Co.Supreme Court of North Carolina · 1935

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