Moore v. . Mullen
Supreme Court of North Carolina
Civil Action to recover Damages for Breach of Promise to Marry, tried at Spring Term, 1877, of Halifax Superior Court, before Buxton, J. At the time this action was instituted, and upon the affidavit and undertaking of the plaintiff, the defendant was arrested and held to bail under the provisions of Bat.
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Civil Action to recover Damages for Breach of Promise to Marry, tried at Spring Term, 1877, of Halifax Superior Court, before Buxton, J. At the time this action was instituted, and upon the affidavit and undertaking of the plaintiff, the defendant was arrested and held to bail under the provisions of Bat. Rev, ch. 17, § 149, (2). On the 23rd of October, 1876, the bail surrendered the defendant to the Sheriff and applied for their exonertion which was granted; and thereupon the defendant filed his petition before the Clerk of said Court, asking that he be discharged under the Insolvent…
1Opinion of the CourtPeakson, C. J.
“There shall be no imprisonment for debt, except in cases of fraud.” Const. Art. I § 16.
“The defendant may be arrested as hereafter prescribed in the following cases,” among others, “in an action on a. promise to marry.” C. C. P. Title IX, ch. 1, § 149, (2).
We are of opinion that this enactment violates the Constitution and is void. It seems to us that a breach of a promise to marry is no more a “case of fraud ” than a breach of .any other promise; for instance, than a breach of a promise to build a house, or to lease land, or to employ one as a school teacher, and the like. So the…
2Cases cited1 opinion
- McNeely Walton v. . Haynes Co.Supreme Court of North Carolina · 1877
3Cited by7 opinions
- Hood v. . SudderthSupreme Court of North Carolina · 1892
- State v. . YarboroSupreme Court of North Carolina · 1927
- State v. YarboroSupreme Court of North Carolina · 1927
- Kinney v. . LaughenourSupreme Court of North Carolina · 1887
- Hood v. . SudderthSupreme Court of North Carolina · 1892
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