Legal Opinion

Rouse v. . Creech

Supreme Court of North Carolina

Decided October 26, 1932Published

1Opinion of the CourtBrogden, J.

In a civil action for damages, brought by the husband for debauching his wife, is the testimony of the wife competent and admissible to prove the act or acts of adultery?

Apparently it was admitted at the trial that the only evidence of adultery was the proffered testimony of the wife. 0. S., 1801, provides: “Nothing herein shall render any husband or wife competent or com-pellable to give evidence for or against the other in any actions or proceedings in consequence of adultery, . . . or in any action or proceeding for or on account of criminal conversation,” etc. Obviously the express…

2Cases cited2 opinions

  1. Hyatt v. . McCoySupreme Court of North Carolina · 1927
  2. Hirdes v. Ottawa Circuit JudgeMichigan Supreme Court · 1914

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