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48 N.C. 485

Fox v. . Wilson

Supreme Court of North Carolina

Decided August 5, 1856

Supreme Court of North Carolina · decided 1856-08-05

Action of slander, tried before his Honor, Judge Manly, at the Pall Term, 1855, of Buncombe Superior Court. Pleas,, general issue, statute limitations. The words charged to have been spoken by the defendant were in relation to the taking of a horse which had belonged to the plaintiff, which had been levied on by an officer and left in the custody of the defendant, and which the plaintiff had secretly taken from out of his possession.

Decided 1856-08-05

Battle, J.

¶1 Ve agree with his Honor that what the defendant said to the witness Roberts, within six months before the commencement of the action, was not a repetition of the charge which he had previously made to the same witness against the plaintiff It was nothing more than an acknowledgment of the fact that he had spoken the words on a former occasion; and that speaking having been more than six months before the suit was brought, the statute of limitations was a bar to it.

¶2 This makes it unnecessary for us to decide whether the words were actionable, and upon that question, therefore, we do not express an opinion.

Per Curiam.

¶3 Judgment affirmed.

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