Legal Opinion

Adcock v. . Marsh

Supreme Court of North Carolina

Decided June 5, 1848PublishedCited by 8 opinions

Appeal from the Superior Court of Law of Chatham County, at the Spring Term, 1848, his Honor Judge Pearson presiding. This is an action to recover damages for words spoken. It appears that the plaintiff Joseph Ann, is the sec-cond wife of the plaintiff Adcock, and that the latter had, by his first wife, two daughters, one of whom was named Sally.

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Appeal from the Superior Court of Law of Chatham County, at the Spring Term, 1848, his Honor Judge Pearson presiding. This is an action to recover damages for words spoken. It appears that the plaintiff Joseph Ann, is the sec-cond wife of the plaintiff Adcock, and that the latter had, by his first wife, two daughters, one of whom was named Sally. It further appears that the first Mrs. Adcock had requested the defendant Emeline Marsh, with whom she was very intimate, to give her daughters advice. Accordingly the defendant, Mrs. Marsh, after the intermarriage of the plaintiffs, advised Sally…

1Opinion of the CourtNash, J.

We are relieved from any consideration of the case, growing out of the charge contained in the second count in the declaration. The case, as presented to us, is confined to . the first count, for it is the error committed, or alleged to be committed by the presiding Judge in considering the case, under that count, to which our attention is directed.

We think his Honor was correct in refusing to give the charge requested, and that he erred in the latter part of his instruction upon this point. The instruction required assumed, that the question was one purely and entirely of law, for it was, “…

2Cited by8 opinions

  1. Fields v. . BynumSupreme Court of North Carolina · 1911
  2. Roth v. . News Co.Supreme Court of North Carolina · 1940
  3. Roth v. Greensboro News Co.Supreme Court of North Carolina · 1940
  4. Taylor v. Jones Bros. Bakery, Inc.Supreme Court of North Carolina · 1951
  5. Stevenson v. . NorthingtonSupreme Court of North Carolina · 1933

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