From Casetext: Smarter Legal Research

Burris v. Bush

Supreme Court of North Carolina
Dec 1, 1915
87 S.E. 97 (N.C. 1915)

Summary

In Burris v. Bush, 170 N.C. p. 395, it is said: "The statute (Rev., sec. 502) (now C. S., 542), permits a defendant in actions for libel or slander to allege `both the truth of the matter charged as defamatory and any mitigating circumstances to reduce the amount of the damages; and, whether he prove the justification or not, he may give in evidence the mitigating circumstances,' but, in the absence of a plea in justification or mitigation, evidence of the truth of the charge is incompetent.

Summary of this case from Elmore v. R. R

Opinion

(Filed 8 December, 1915.)

Slander — Pleas — Justification — Evidence — Statutes.

Where there is no plea of justification or of mitigating circumstances, in an action for slander, evidence of the truth of the charge is incompetent. Revisal, sec. 502.

APPEAL by defendant from Adams, J., at February Term, 1915, of CALDWELL.

(395) Action to recover damages for slander, in which the defendant denies speaking the words alleged in the complaint, but does not allege any facts nor rely on any plea in justification or mitigation. The defendant offered evidence tending to prove the truth of the words. This was excluded by the court and the defendant excepted. There was a verdict and judgment in favor of the plaintiff and the defendant appealed.

W. C. Newland for plaintiff.

No counsel for defendant.


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

It follows that there is no error in excluding the evidence offered by the defendant.

No error.

Cited: Elmore v. R. R., 189 N.C. 673 (f); Pentuff v. Park, 194 N.C. 158 (f); Bryant v. Reedy, 214 N.C. 753 (f).


Summaries of

Burris v. Bush

Supreme Court of North Carolina
Dec 1, 1915
87 S.E. 97 (N.C. 1915)

In Burris v. Bush, 170 N.C. p. 395, it is said: "The statute (Rev., sec. 502) (now C. S., 542), permits a defendant in actions for libel or slander to allege `both the truth of the matter charged as defamatory and any mitigating circumstances to reduce the amount of the damages; and, whether he prove the justification or not, he may give in evidence the mitigating circumstances,' but, in the absence of a plea in justification or mitigation, evidence of the truth of the charge is incompetent.

Summary of this case from Elmore v. R. R
Case details for

Burris v. Bush

Case Details

Full title:R. F. BURRIS AND WIFE, ALICE BURRIS, v. JOHN A. BUSH

Court:Supreme Court of North Carolina

Date published: Dec 1, 1915

Citations

87 S.E. 97 (N.C. 1915)
170 N.C. 394

Citing Cases

Waste Co. v. R. R

No error. Cited: Jones v. Lassiter, 169 N.C. 751 (2c); Bennett v. R. R., 170 N.C. 394 (3c); Hales v. R. R.,…

Thompson v. R. R

If defendant would justify his conduct with governmental immunity he must plead the facts which would relieve…