Kinney v. . Laughenour
Supreme Court of North Carolina
This was a motion upon the return of an execution against the person, heard before McRae, Judge, at Spring Term, 1886, of Davidson Superior Court. In the complaint, the plaintiff alleges the cause of action against the defendant for the seduction of his step-daughter, who was at the time thereof a member of his family and his servant. At the time the summons was issued, the plaintiff obtained the warrant of arrest, which was duly executed upon the defendant.
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This was a motion upon the return of an execution against the person, heard before McRae, Judge, at Spring Term, 1886, of Davidson Superior Court. In the complaint, the plaintiff alleges the cause of action against the defendant for the seduction of his step-daughter, who was at the time thereof a member of his family and his servant. At the time the summons was issued, the plaintiff obtained the warrant of arrest, which was duly executed upon the defendant. In the coui’se of the action he obtained a judgment against the defendant, and thereupon an execution duly issued against his property,…
1Opinion of the Court
Meebimon, J.,
(after stating the case). The statute (The Code, §291, par. 2) provides, that a defendant may be arrested “ for seduction,” and it has been held, that this provision is valid, and not in conflict with Art. II., §16, of the Constitution, which provides, that “ There shall be no imprisonment for debt, except in cases of fraud.” Damages recovered in an action for seduction do not constitute a debt, in the sense implied by this provision. Moore v. Mullen, 77 N. C., 327; Hoover v. Palmer, 80 N. C., 313; Moore v. Green, 73 N. C., 394; Long v. McLeod, 88 N. C., 3.
■ The statute (The…
2Cases cited6 opinions
- Moore v. . GreenSupreme Court of North Carolina · 1875
- State Ex Rel. Peebles v. FooteSupreme Court of North Carolina · 1880
- Long v. . McLeanSupreme Court of North Carolina · 1883
- Hoover v. . PalmerSupreme Court of North Carolina · 1879
- H. M. Houston & Co. v. WalshSupreme Court of North Carolina · 1878
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3Cited by6 opinions
- Oakley v. . LasaterSupreme Court of North Carolina · 1916
- Patton v. . GashSupreme Court of North Carolina · 1888
- Carroll v. Montgomery.Supreme Court of North Carolina · 1901
- Coble v. . MedleySupreme Court of North Carolina · 1923
- Ledford v. . EmersonSupreme Court of North Carolina · 1906
1 more not listed; retrieve them via the Exa API.