Opinion
(January Term, 1816.)
It is not actionable to say of a man, "He, one of our little Chowan justices of the peace, was taken up a few nights ago playing cards with negro Quomana, in a rookery box, and committed to jail, and remained there until next day 9 or 10 o'clock, and then was turned out and split for the country," when it is not charged in the declaration that the plaintiff was a justice, or that the words were spoken of him in relation to his office.
THIS was an action on the case for words, in which the plaintiff charged in his declaration that the defendant had spoken of him these words, to wit: " He (meaning the plaintiff) one of our little Chowan justices of the peace, was taken up a few nights ago playing cards with negro Quomana, in a rookery box, and committed to jail, and remained there until next day 9 or 10 o'clock, and then was turned out and split for the country." After a verdict for the plaintiff, it was moved, in arrest of judgment, that the words stated in the plaintiff's declaration are not actionable.
The words stated in the declaration to have been spoken by the defendant are not in themselves actionable, as they impute no crime which, if true, would subject the plaintiff to infamous punishment. And it is not charged in the declaration that the plaintiff was a justice, or that they were spoken of him in relation to his office.
There must, therefore, be judgment for the defendant.
(329)