Crowell v. Crowell
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at May Term, 1920, of Mece-LENBURG. This is an action by the wife against the husband, alleging in her complaint the marriage and their living together as man and wife; that. tbe defendant contracted a venereal disease, and tbat be “took advantage of bis marital relation witb said plaintiff and infected ber witb said vile and loathsome disease,” and asks for judgment “for actual and punitive damages.”
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Appeal by defendant from Lane, J., at May Term, 1920, of Mece-LENBURG. This is an action by the wife against the husband, alleging in her complaint the marriage and their living together as man and wife; that. tbe defendant contracted a venereal disease, and tbat be “took advantage of bis marital relation witb said plaintiff and infected ber witb said vile and loathsome disease,” and asks for judgment “for actual and punitive damages.” Tbe defendant filed a written demurrer to tbe effect tbat tbe complaint showing upon its face tbat tbe parties were man and wife prior to, and during all tbe…
1Dissent
. "WaleeR and Hoice, JJ.,
dissenting: This case is so distressing and repellant in its details that it is difficult, as it seems, to give it that dispassionate consideration which every case should have. There is not a word of condemnation too severe to be applied to the conduct of the defendant. He has subjected himself to the penalties of the criminal law, but not to prosecution by his wife, and simply because that unity of person which has always been attributed to the marital relation still exists, notwithstanding that married women have been endowed with so many property rights, as they…
2Cases cited17 opinions
- Thompson v. ThompsonSupreme Court of the United States · 1910
- Bandfield v. BandfieldMichigan Supreme Court · 1898
- Coleman v. . BurrNew York Court of Appeals · 1883
- Brown v. BrownSupreme Court of Connecticut · 1914
- Peters v. PetersCalifornia Supreme Court · 1909
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