Minton v. . Ferguson
Cases that cite this one
2 later published cases cite this decision.
- Ballard v. Ballard (N.C. 1949)
- Wright v. Commercial Credit Co. (N.C. 1937)
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
The testimony of Captain Williams and Mr. Jones as to their understanding or interpretation of the alleged libelous article was incompetent and should have been excluded. Trust Co. v. Cash Store, 193 N. C., 122, 136 S. E., 289; Marks v. Cotton Mills, 135 N. C., 289, 47 S. E., 432. Even if the questions propounded were proper (which may be doubted, as the language of the article seems clear, Pitts v. Pace, 52 N. C., 558), the answers were not responsive to the questions, and they violate the rule against lay witnesses invading the province of the jury. Stanley v. Lumber Co., 184 N. C., 302, 114 S. E., 385; Marshall v. Tel. Co., 181 N. C., 292, 106 S. E., 818. Whether the defendant was actuated by malice or ill will was one of the issues in the case. Potts v. Ins. Co., 206 N. C., 257, 174 S. E., 123; Stevenson v. Northington, 204 N. C., 690, 169 S. E., 622. The motions to strike should have been allowed. Denton v. Milling Co., 205 N. C., 77, 170 S. E., 107.
New trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.