Ziglar v. . Ziglar
Supreme Court of North Carolina
Appeal by plaintiff from Nettles, J., at September Term, 1945, of FORSYTH. Civil action for absolute divorce on ground of adultery. Tbe defendant denied tbe allegations of tbe complaint, pleaded condo-nation, and set up a cross-action for divorce a, mensa et thoro on tbe ground that plaintiff’s improper relations with other women and indignities offered to tbe defendant were such as to render her condition intolerable and life burdensome.
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Appeal by plaintiff from Nettles, J., at September Term, 1945, of FORSYTH. Civil action for absolute divorce on ground of adultery. Tbe defendant denied tbe allegations of tbe complaint, pleaded condo-nation, and set up a cross-action for divorce a, mensa et thoro on tbe ground that plaintiff’s improper relations with other women and indignities offered to tbe defendant were such as to render her condition intolerable and life burdensome. Tbe case was tried on tbe allegations of tbe complaint and tbe cross-action, with evidence to support each and all of tbe allegations. At tbe close of tbe…
1Opinion of the CourtStacy, C. J.
Plaintiff assails tbe validity of the trial on the ground that he was unduly prejudiced by the admission of testimony tending to show adultery on his part. This evidence was competent, at the time of its introduction, as it was in support of the allegations of the cross-action. In re Southerland, 188 N. C., 325, 124 S. E., 632; Rule 21, Rules of Practice in the Supreme Court, 221 N. C., 558. There was no motion to strike when the defendant withdrew her complaint against the plaintiff. On the record as presented, the exception cannot be held for reversible error. S. v. Hawkins, 214 N. C., 326,…
2Cases cited4 opinions
- State v. . HawkinsSupreme Court of North Carolina · 1938
- Goodman v. . GoodmanSupreme Court of North Carolina · 1931
- State v. . TuttleSupreme Court of North Carolina · 1935
- In Re Last Will & Testament of SoutherlandSupreme Court of North Carolina · 1924
3Cited by4 opinions
- State v. WilliamsSupreme Court of North Carolina · 1968
- Pruitt v. RaySupreme Court of North Carolina · 1949
- Poniros v. Nello L. Teer Co.Supreme Court of North Carolina · 1952
- Poniros v. Nello L. Teer Co.Supreme Court of North Carolina · 1952