Legal Opinion
Stewart v. Rogers
Supreme Court of North Carolina
Decided November 20, 1963No. 244PublishedCited by 8 opinions
1Opinion of the CourtDeNNy, C.J.
The determinative question on this appeal is whether or not the marriage of (the defendant to Thomas S. Rogers on 30 May 1956, is a valid marriage.
In the .case of Spencer v. Moore, 33 N.C. 160, Ruffin, C.J., speaking for the Coiurt, ©aid: “The rule as to the presumption of death is that it arises from the absence of the person from his domicile without being heard of for seven years. But it seems rather to he the current of the authorities that the presumption is only that the person is then dead, namely, at the and of ©even year©; 'but that the presumption does not extend to the death having…
2Cases cited15 opinions
- Fidelity Mutual Life Ass'n v. MettlerSupreme Court of the United States · 1902
- Davie v. BriggsSupreme Court of the United States · 1878
- City of Goldsboro v. Atlantic Coast Line Railroad Co.Supreme Court of North Carolina · 1957
- Beard v. Sovereign Lodge of Woodmen of the WorldSupreme Court of North Carolina · 1922
- Kearney v. . ThomasSupreme Court of North Carolina · 1945
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3Cited by8 opinions
- Harrelson Ex Rel. Randolph v. State Farm Mutual Automobile InsuranceSupreme Court of North Carolina · 1968
- Chalmers v. WomackSupreme Court of North Carolina · 1967
- Whitley's Electric Service, Inc. v. SherrodSupreme Court of North Carolina · 1977
- Matter of Estate of SwinsonCourt of Appeals of North Carolina · 1983
- Mills v. Tri-State Motor Transit CompanySupreme Court of North Carolina · 1966
3 more not listed; retrieve them via the Exa API.