U.S. Circuit Court for the District of North Carolina, 1793

Keymer v. Clark

Keymer v. Clark
U.S. Circuit Court for the District of North Carolina · Decided July 1, 1793 · Assented, Doderidge, Jones, Whitlock
1 N.C. 159
Keymer v. Clark

Concurring Opinion

Jones, J.

concurred. When the intention of the party appears to be to disgrace the other, as here by the first words, the subsequent ones shall be taken in pejorem partem.

Whitlock, assented.

4 Rep. 16. Snag’s case. Jones 141. 1 Roll. 75. Poph. 187. Roll. 342. Bendl. 126. Godb. 6. 434.

Opinion of the Court

Doderidge, J.

Join all the words together and the action lies. Yet had they been spoken separately, no action would have lain. But here it is alledged that Ann was the wife of another, at the time those words were spoken, *so it is a scandal: and the other words, killing, &c. shall be understood killing unlawfully.

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