Ladd v. . Ladd
Supreme Court of North Carolina
. Civil actiok for divorce, tried before Allen, J., and a jury at March Term, 1897, of Dukham Superior Court. The complaint was as follows : “ The plaintiff alleges : 1. That on the 11th day of August, 1892, he and the defendant, Mary J. Ladd, wore duly married. 2. That more than two years ago, to-wit: about the first day of January, 1894, the defendant, Mary J. Ladd, his lawful wife, as aforesaid, abandoned the plaintiff, and since that time has lived separate and apart…
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. Civil actiok for divorce, tried before Allen, J., and a jury at March Term, 1897, of Dukham Superior Court. The complaint was as follows : “ The plaintiff alleges : 1. That on the 11th day of August, 1892, he and the defendant, Mary J. Ladd, wore duly married. 2. That more than two years ago, to-wit: about the first day of January, 1894, the defendant, Mary J. Ladd, his lawful wife, as aforesaid, abandoned the plaintiff, and since that time has lived separate and apart from him, refusing at all times since to live with him, and still so refusing. 8. That plaintiff has been a resident of the…
1Opinion of the Court
Clark, J.:
There was sufficient evidence to submit the ease to the jury (State v. Green, 117 N. C., 696; State v. Kiger, 115 N. C., 751), and for the error in sustaining the demurrer to evidence the plaintiff is entitled to a new trial. The defendant, however, moves in this Court to dismiss because the complaint does not state facts sufficient to constitute a cause." This is one of the two exceptions which can be taken in this Court, though not made below; the other being that the Court had no jurisdiction. Rule 27. Kidd v. Venable, 111 N. C., 535.
It is often difficult to distinguish between a…
2Cases cited16 opinions
- State v. . KigerSupreme Court of North Carolina · 1894
- Knowles v. Norfolk Southern RailroadSupreme Court of North Carolina · 1889
- Jackson v. . JacksonSupreme Court of North Carolina · 1890
- Mizzell v. . RuffinSupreme Court of North Carolina · 1896
- White v. . WhiteSupreme Court of North Carolina · 1881
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Manning v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1898
- Renn v. . R. R.Supreme Court of North Carolina · 1915
- Lassiter v. Railroad Co.Supreme Court of North Carolina · 1904
- Martin v. Martin.Supreme Court of North Carolina · 1902
15 more not listed; retrieve them via the Exa API.