Cottle v. . Johnson
Supreme Court of North Carolina
Appeal by defendant from Allen, J., at tbe September Term, 1919, of PENDER. This is an action to recover damages for the alienation of the affections of the plaintiffs wife, and for criminal conversation. The evidence of the plaintiff tended to show that he and his wife were married in 1913, and that they lived happily together until July, 1918, when the defendant induced and enticed her to leave him, and that she has lived separate from him since that time.
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Appeal by defendant from Allen, J., at tbe September Term, 1919, of PENDER. This is an action to recover damages for the alienation of the affections of the plaintiffs wife, and for criminal conversation. The evidence of the plaintiff tended to show that he and his wife were married in 1913, and that they lived happily together until July, 1918, when the defendant induced and enticed her to leave him, and that she has lived separate from him since that time. Also, that the relationship between the defendant and his wife was improper and criminal. The evidence in behalf of the defendant tended…
1Opinion of the CourtAllen, J.
The complaint alleges two causes of action, one for alienation of the affections of the wife of the plaintiff, and the other for criminal conversation.
The gravamen of the first cause of action is the deprivation of the husband of his conjugal right to the society, affection, and assistance of his wife, and of the second the defilement of the wife by sexual relation.
In Criminal Conversation: “The authorities show the husband has certain personal and exclusive rights with regard to the person of his wife, which are interfered with and invaded by criminal conversation with her; that such an act…
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