
    CONSTITUTIONAL COURT,
    COLUMBIA,
    NOV. 1803.
    Miller v. Graham.
    plot guilty, and a special justification of the truth of the words, may be pleaded together m an action on the case for slander.
    Action on the case for words. The defendant moved for leave to plead, in addition to the plea of not guilty, a special justification, of the truth of the words ; which was granted by Brevard, J., in the district court of Kershaw, although objected to on the score of repugnancy. The motion in this eourl was to reVerse the order miid.e by the distiict court in that behalfi and to support this motion was cited 2 Stra. 876.
   But the couri were all of opinion, that the decision appealed from was right; ao.'i that a defen lant in an aciioti of slander, ought to be allow d ¡he benefit of bmh pleas : and that they are not more incompatible limn many other double pleas which are allowed. See llame", 356.

Present, Grimke, Waties, Johnson, Trezevant, and Bhe« Vard, Justices; Bax, J. absent.

Mathis, for plaintiff. Branding, for defendant.

Motion discharged.

Note. Double pleas allowed. See 1 Sellon, 296, 297, and Barnes. Non est yáctem, and duress Barnes 359. Not guilty and a.tisfaction lb 349. Not guilty, son assault, and satisfaction, lb 352, Not guilty, and a justification, in trespass Ib 355,356,365. Not vuilty, and venefal release, where affidavit. Ib 351. Not guilty, and statute limitations. Ib. 889. Double pleas refused. ¡See 1 Sellon. 298. Non assumpsit generally, and a tender l B1 R.723. 3 VVils. 145. Non est factum, and solvit ad diem. B1 905. Non assumpsit, and a release Barnes, 328 Same allowed. Ib 347,348 Discretionary, notguihy, and a licence Ib. 351,864. Without affidavit lb 357. Not guilty, and jxistification. Ib. 876, Non est factum, and tender to part. 5 T. it. 98.  