Jones v. . Jones
Supreme Court of North Carolina
Civil ActioN for Divorce a vinculo matrimonii tried at Fall Term, 1878, of Wake Superior Court, before Seymour, J. The facts applicable to the point decided by this court are embodied in its opinion. Judgment for defendant, appeal by plaintiff.
1Opinion of the CourtSmith, C. J.
The only issue submitted to the jury was in these words: “ Did the defendant commit adultery with one Wm. Delaware in May, 1877?”
To prove the affirmative the plaintiff introduced one John Jones who testified that he went to the plaintiff’s house to live some time in May, 1877, a day or two after the 7th of the month, as well as he could remember. To contradict this statement the defendant offered an affidavit of the witness made in January, 1878, to be used on the hearing of a motion in the cause, wherein the witness swears that he went to live with the plaintiff some time about the first of…
2Cases cited3 opinions
- State v. . LaxtonSupreme Court of North Carolina · 1878
- State v. . ParishSupreme Court of North Carolina · 1878
- Clark v. . ClarkSupreme Court of North Carolina · 1871
3Cited by45 opinions
- State v. LloydSupreme Court of North Carolina · 2001
- State v. Exum.Supreme Court of North Carolina · 1905
- State v. BrittSupreme Court of North Carolina · 1977
- State v. BrownSupreme Court of Connecticut · 1982
- State v. LevanSupreme Court of North Carolina · 1990
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