Legal Opinion

Hamlin v. . Tucker

Supreme Court of North Carolina

Decided January 5, 1875PublishedCited by 27 opinions

Civil action tried before Hilliard, at Fail Term 1874, of Bertie Superior Court. The defendant demurred to the complaint of the plaintiff, for the misjoinder of several causes of action. Iiis Honor on motion of the plaintiff overruled the demurer,, aud the defendant appealed. The facts necessary to an understanding of the case are stated in the opinion of the Chief Justice.

1Opinion of the Court

PeáRson, C. J.

There is no error in the ruling of his Honor, by which the demurrer was overruled.

The demurrer is put on the ground of a misjoinder of actions, in this : The complaint sets out in the first instance a cause of action for “ harboring and maintaining the wife of the plaintiff.”

In the second instance, a cause of action for converting certain personal property, not embraced by the marriage settlement to which the plaintiff was entitled jure mariti.

In the third instance, a cause of action for inducing the wife of plaintiff, while harbored and maintained, to execute to the defendant,…

2Cited by27 opinions

  1. Dawson Bank v. HarrisSupreme Court of North Carolina · 1881
  2. Solomon v. . BatesSupreme Court of North Carolina · 1896
  3. Daniels v. . FowlerSupreme Court of North Carolina · 1897
  4. Fisher v. . Trust Co.Supreme Court of North Carolina · 1905
  5. Sloan v. Carolina Central RailroadSupreme Court of North Carolina · 1900

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