Burris v. Bush
Cases that cite this one
2 later published cases cite this decision.
- Thompson v. SEABOARD AIR LINE RAILROAD COMPANY (N.C. 1958)
- Bryant v. . Reedy (N.C. 1939)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Tbe statute (Rev., sec. 502) permits a defendant in actions for libel or slander to allege “both tbe truth of tbe matter charged as defamatory and any mitigating circumstances to reduce tbe amount of tbe damages; and, whether be prove tbe justification or not, be may give in evidence tbe mitigating circumstances,” but, in tbe absence of a plea in justification or mitigation, evidence of tbe truth of tbe charge is incompetent. Upchurch v. Robertson, 127 N. C., 128; Dickerson v. Dail, 159 N. C.; 541.
It follows that there is no error in excluding tbe evidence offered by tbe defendant.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.