27 N.C. 176 | N.C. | 1844
This was an action for words spoken charging the plaintiff with taking — innuendo, stealing — some bank notes from the defendant at a place in the State of South Carolina. Plea, not guilty. On the trial the speaking of the words both in South Carolina and this State was proved, and the counsel for the plaintiff contended that they were actionable of themselves in the courts of this State. But the court held that the action could not be sustained unless the plaintiff proved that by the law of South Carolina stealing bank notes was a crime which subjected an offender to infamous punishment. Under that instruction the jury found for the defendant, and from the judgment the plaintiff appealed.
The Court is of opinion that the judgment should be affirmed. Every imputation derogatory to the character of another *132
is not actionable. A rule as loose as that could not be tolerated. It would be the fruitful source of frivolous litigation, and supply a notable example of the uncertainty of the law, or, rather, of the results of lawsuits. It is indispensable that a rule having more precision should be laid down, by which the rights and liabilities of persons may be learned with some reasonable certainty. And it is highly proper that a rule, once adopted, should be observed, that as much uniformity as possible may be attained in the administration of the law. We think the principle has been expressed by the Court with sufficient precision to be easily understood, and that, as expressed, it is conformable (179) alike to authority and reason. Following Lord Holt in Ogden v. Turner, Salk., 696; the Court said in Brady v. Wilson,
PER CURIAM. No error.
Cited: Stokes v. Arey,
(180)