Horton v. . Reavis

Supreme Court of North Carolina

Horton v. . Reavis

6 N.C. 380

DecidedJuly 5, 1818

StatusPublished

This text of 6 N.C. 380 (Horton v. . Reavis) 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

Horton v. . Reavis, 6 N.C. 380 (N.C. 1818).

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Opinion

Tavxoh, Chief-Justice.

It is necessary that the proof of speaking the words, should correspond with the charge in the declaration, at least in substance. The declaration, contains a direct charge against the Defendant, for having uttered the slanderous words 3 but the proof is, that he said there was such a report in the neighborhood, and that he expressed, at the time of speaking the words, his difficulty in believing them. This is a material variance from the charge, and altogether insufficient to support it. The verdict was proper, and the direction of the Court clearly right.

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Tavxoh, Chief-Justice.

It is necessary that the proof of speaking the words, should correspond with the charge in the declaration, at least in substance. The declaration, contains a direct charge against the Defendant, for having uttered the slanderous words 3 but the proof is, that he said there was such a report in the neighborhood, and that he expressed, at the time of speaking the words, his difficulty in believing them. This is a material variance from the charge, and altogether insufficient to support it. The verdict was proper, and the direction of the Court clearly right.

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Bluebook (online)

6 N.C. 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horton-v-reavis-nc-1818.