Cain v. . Pullam

Decided April 5, 1795

Decided 1795-04-05

¶1This case is reported to show what is the practice in such cases in our courts.

¶2Cited: — Tyson v. Robinson, 25 N.C. 337.

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Posture: ACTION on the case for slanderous words. This cause was referred by rule of courts to arbitrators, who awarded in favor of the plaintiff, and returned their award into court. These exceptions were taken thereto in writing, filed by General Davie, the principal of which were that the arbitrators proceeded without declaration, notwithstanding the defendant insisted it should be produced. These being filed, a day was given by rule of court for hearing the exceptions. They were answered in writing, also, filed by Mr. Moore for the plaintiff, and on the appointed day were brought before the Court. The exceptions of the defendant were supported by affidavit; they were contradicted by the affidavits of one of the arbitrators and of one Smith, who had been present. These persons swore that the defendant made that objection, upon which the arbitrators stopped in order that it might be produced; then the defendant consented they might proceed without the declaration stating the words spoken as laid in the declaration, which the other party agreed were the words stated therein. Upon this the Court overruled the exceptions.