Public-domain · open source
OpenJurist

206 N.C. 734

175 S.E 126

Gordon v. . Fredle

Supreme Court of North Carolina

Decided June 20, 1934

Supreme Court of North Carolina · decided 1934-06-20

Good law ✅— No negative treatment on recordhow we know

Decided 1934-06-20

How this case has been cited

Cited by 9 later decisions — most recently March 1994

9 state decisions

401934194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

CoNNOR, J.

¶1 The cause of action alleged in the complaint accrued at the date of the publication of the defamatory words, which the plaintiff contends are actionable per se. 37 C. J., 17; 17 R. C. L., 372.

¶2*735 All tbe evidence shows that the said defamatory words were published in 1923 or 1924, and that the action was begun on 19 February, 1929. The action was not begun within six months after the cause of action accrued, and for that reason is barred by the statute of limitations. O. S., 444.

¶3 It is immaterial that the action was begun within six months after the plaintiff discovered that defendants were the authors of the letters containing the defamatory words. Blount v. Parker, 78 N. C., 128, Fox v. Wilson, 48 N. C., 486. There is no provision in the statute that an action for slander can be maintained if begun within six months from the date of the discovery by the plaintiff that the defendant was the author of the slander, where the slanderous words were uttered or published more than six months prior to the commencement of the action. There was no error in the judgment of nonsuit. The judgment is

¶4 Affirmed.

/206/nc/734 · .json · Public domain