Dickerson v. Dail

Decided September 18, 1912

Supreme Court of North Carolina · decided 1912-09-18

Appjbal' by plaintiff from 0. H. Allen■, J., at January Civil Term, 1912, of Pitt. This is an action to recover damages for slander, tbe plaintiff alleging that tbe defendant bad charged that be bad stolen certain hoes. There was a verdict and judgment for tbe plaintiff, and tbe defendant appealed. Tbe facts are sufficiently stated in tbe opinion of tbe Court by Mr. Justice Allen.

Cited by 6 later decisions — most recently June 1927

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1912-09-18

View the full empirical analysis of this case →

Allen, J.

¶1Tbe exceptions set out in tbe record relate to rulings upon tbe evidence, and all belong- to one of two classes.

¶2In tbe first class the questions are set out, but there is no statement as to tbe answer of tbe witness when tbe question was admitted, nor as to tbe evidence sought to be elicited when it was excluded; and as we cannot see that tbe defendant has been prejudiced, tbe exceptions cannot be sustained. S. v. Leak, 156 N. C., 643.

¶3If, however, tbe evidence was of the character indicated on tbe argument, we are of opinion that there was no error in tbe rulings of tbe court.

¶4Tbe other exceptions reláte to tbe exclusion of evidence as to facts'in mitigation of damages, which are not alleged in tbe answer, and it is settled that such evidence is not admissible. Upchurch v. Robertson, 127 N. C., 127.

¶5We find no error.

¶6Affirmed.