Hansley v. . Hansley
Supreme Court of North Carolina
Appeal from the Superior Court of Law of New-Hanover County, at the Spring Term 1848, his Honor Judge Caldwell presiding. This is a suit instituted by Ruth A. Hansley against her husband Samuel G. Hansley, for a divorce a vinculo matrimonii, and for alimony.
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Appeal from the Superior Court of Law of New-Hanover County, at the Spring Term 1848, his Honor Judge Caldwell presiding. This is a suit instituted by Ruth A. Hansley against her husband Samuel G. Hansley, for a divorce a vinculo matrimonii, and for alimony. The parties were married in 1836 and lived together until August 1844 ; when the wife left her husband and went to reside with her brother in the same neighborhood and has lived there ever since, The petition was filed on the 25th day of March 1845. It states, that the “petitioner lived for many years the wife of the said Samuel, enjoying…
1Opinion of the CourtRuffin, C. J.
The divorce act requires all the material facts charged to be submitted to a jury, upon whose verdict, and not otherwise, the Court is to decree. It excludes, by necessary implication, from the consideration of the jury. admissions in the pleadings, and, consequently, any made orally on the trial. The purpose is to prevent collusion. That reason extends also to confessions in pais, when relied on to found a decree for divorce ; for if they could be received, it would obviously defeat the requirement, that the facts shall be found by a jury, independent of their admission in the pleadings. It…
Also in this document: Per curiam.
2Cited by6 opinions
- Wright v. WrightSupreme Court of North Carolina · 1972
- Hooper v. . HooperSupreme Court of North Carolina · 1914
- Hicks v. HicksSupreme Court of North Carolina · 1969
- Hicks v. HicksSupreme Court of North Carolina · 1969
- Toole v. . TooleSupreme Court of North Carolina · 1893
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