Burris v. Bush

Decided December 8, 1915

Supreme Court of North Carolina · decided 1915-12-08

Appeal by defendant from Adams, J., at February Term, 1915, of Caldwell. Action to recover damages for slander, in wbicb tbe defendant denies speaking tbe words alleged in tbe complaint, but does not allege any facts nor rely on any plea in justification or mitigation. Tbe defendant offered evidence tending to prove tbe truth of tbe words. Tbis was excluded by tbe court and tbe defendant excepted.

Cited by 3 later decisions — most recently May 1915

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1915-12-08

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AlleN, J.

¶1Tbe statute (Rev., sec. 502) permits a defendant in actions for libel or slander to allege “both tbe truth of tbe matter charged as defamatory and any mitigating circumstances to reduce tbe amount of tbe damages; and, whether be prove tbe justification or not, be may give in evidence tbe mitigating circumstances,” but, in tbe absence of a plea in justification or mitigation, evidence of tbe truth of tbe charge is incompetent. Upchurch v. Robertson, 127 N. C., 128; Dickerson v. Dail, 159 N. C.; 541.

¶2It follows that there is no error in excluding tbe evidence offered by tbe defendant.

¶3No error.