Legal Opinion

In Re the Change of Name of Mohlman

Court of Appeals of North Carolina

Decided June 18, 1975No. 7510SC137PublishedCited by 9 opinions

1Opinion of the Court

MORRIS, Judge.

These appeals present a novel question in this jurisdiction. Decision requires that we look not only to the common law, but to decided cases from other jurisdictions.

The court in its judgment in each case concluded as a matter of law “[t]hat at common law, a woman upon marriage, assumed the surname of her husband as her own.” It appears clear that in England from whence came our customs with respect to names, there is not now and has never been any common law requirement that a wife assume her husband’s name.

“When a woman on her marriage assumes, as she usually does in England,…

2Cases cited9 opinions

  1. McMichael v. ProctorSupreme Court of North Carolina · 1956
  2. Stuart v. Board of Supervisors of ElectionsCourt of Appeals of Maryland · 1972
  3. State, Ex Rel. Krupa v. GreenOhio Court of Appeals · 1961
  4. In Re Petition of KruzelWisconsin Supreme Court · 1975
  5. Custer v. BonadiesConnecticut Superior Court · 1974

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Secretary of the Commonwealth v. City Clerk of LowellMassachusetts Supreme Judicial Court · 1977
  2. In re ReynoldsSupreme Court of The Virgin Islands · 2013
  3. Malone v. SullivanArizona Supreme Court · 1980
  4. State v. JohnsonCourt of Appeals of North Carolina · 2010
  5. Hunt v. CollinsworthCourt of Appeals of North Carolina · 2019

4 more not listed; retrieve them via the Exa API.

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