Webber v. . Webber
Supreme Court of North Carolina
Civil Action for Divorce tried at Spring Term, 1880, of Edgecombe Superior Court, before Oudger-, J. This is an action for a dissolution of the bonds of matrimony upon the allegation of the'defendant’s adultery. The issues were drawn and submitted to the jury who find them all in favor of the plaintiff.
Read the full summary
Civil Action for Divorce tried at Spring Term, 1880, of Edgecombe Superior Court, before Oudger-, J. This is an action for a dissolution of the bonds of matrimony upon the allegation of the'defendant’s adultery. The issues were drawn and submitted to the jury who find them all in favor of the plaintiff. The motion for judgment thereon was resisted by the defendant on the ground that the plaintiff had died pending the trial after it had been entered upon and before the retirement of the jury, whereby the cause had abated, and the death was shown by affidavit. The court declined to proceed…
1Opinion of the CourtSmith, C. J.
It is clear that the action does not survive, and consequently abates, unless prevented by the rule of relation whereby all judicial proceedings during a term are treated as if they took place on the first day of the term. This rule has long been recognized and enforced in deter mining the rights of litigants, inter se, when causes are tried during the term as we said in Clifton v. Wynne, 81 N. C., 160, “to avoid unseemly controversies for priority or advantage among suitors whose cases were acted on at different periods of the session.” This case comes within the provisions of the rule…
2Cases cited1 opinion
- Clifton v. . WynneSupreme Court of North Carolina · 1879
3Cited by7 opinions
- Fowler v. FowlerSupreme Court of North Carolina · 1925
- Fowler v. . FowlerSupreme Court of North Carolina · 1925
- Danforth v. DanforthIllinois Supreme Court · 1884
- Hoyt v. HoytNew Jersey Court of Chancery · 1917
- Elmore v. ElmoreCourt of Appeals of North Carolina · 1984
2 more not listed; retrieve them via the Exa API.