Burris v. . Bush

Supreme Court of North Carolina

Burris v. . Bush

87 S.E. 97, 170 N.C. 394, 1915 N.C. LEXIS 411

CourtSupreme Court of North Carolina

DecidedDecember 8, 1915

StatusPublished

Cited by2 cases

This text of 87 S.E. 97 (Burris v. . Bush) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burris v. . Bush, 87 S.E. 97, 170 N.C. 394, 1915 N.C. LEXIS 411 (N.C. 1915).

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Opinion

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. Upchurchv. 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).

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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. Upchurchv. 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).

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Bluebook (online)

87 S.E. 97, 170 N.C. 394, 1915 N.C. LEXIS 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burris-v-bush-nc-1915.

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