Horton v. . Reavis

Supreme Court of North Carolina
Horton v. . Reavis, 6 N.C. 380 (N.C. 1818)
Tavxoh

Horton v. . Reavis

Opinion of the Court

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.

Reference

Full Case Name
Horton and Wife v. Reavis.
Status
Published