Briggs v. . Evans
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Yaney County, at the Fall Term, 1844, his Honor Judge Battle presiding. This was an action on the case for the seduction of the plaintiff’s daughter.
Read the full summary
Appeal from the Superior Court of Law of Yaney County, at the Fall Term, 1844, his Honor Judge Battle presiding. This was an action on the case for the seduction of the plaintiff’s daughter. For the plaintiff it was proved by his daughter, that she was seduced by the defendant some time in the month of September, 1841 — that pregnancy was the consequence of this seduction, and, that on the 11th day of the following June, she bore a child — that, at the time of the seduction, she was living with her father and performing service in his family, and continued to do so, until the March following,…
1Opinion of the CourtNash, J.
Three objections were urged before the Superior Court. The_/w\sji, because the action ought to have been trespass and not case; the second, because the action could not be sustained, before the birth of the child; and thirdly, because the action could not be sustained without proof of an actual contract for services, after the daughter became of age. These objections were over-ruled by the-presiding Judge, and we think very properly.
It is unnecessary to point out the distinguishing marks between the actions of trespass and case, and the necessity, in ordinary cases, of adopting the form of…
2Cases cited2 opinions
- Hewit v. PrimeNew York Supreme Court · 1839
- Ex parte LawrenceNew York Supreme Court · 1825
3Cited by6 opinions
- Magierowski v. BuckleyNew Jersey Superior Court Appellate Division · 1956
- Snider v. Newell.Supreme Court of North Carolina · 1903
- Tillotson v. . CurrinSupreme Court of North Carolina · 1918
- Hyatt v. . McCoySupreme Court of North Carolina · 1927
- Ring v. . KingSupreme Court of North Carolina · 1838
1 more not listed; retrieve them via the Exa API.