Hicks v. Hicks.
Supreme Court of North Carolina
PROCEEDING- for dower, by Annie Hicks against J. E. Hicks and others, beard by Judge Gr. W. Ward and a jury, at the February Term, 1906, of the Superior Court of Wake, upon an issue transferred from the Clerk.
Read the full summary
PROCEEDING- for dower, by Annie Hicks against J. E. Hicks and others, beard by Judge Gr. W. Ward and a jury, at the February Term, 1906, of the Superior Court of Wake, upon an issue transferred from the Clerk. It was admitted that the plaintiff is the widow of Joseph Hicks, who owned the land described in the complaint and is entitled to dower, unless she had wilfully and without just cause or excuse abandoned her husband and was not living with him at the time of his death, this being the defense set up in the answer. The following issue was submitted to the jury: “Did the plaintiff wilfully…
1Opinion of the Court
Waleer, J.,
after stating the case: The Court erred in excluding the question put to the plaintiff by ber counsel while testifying in ber own behalf. The competency of evidence is determined by the substance of the witness’ answer rather than by the form of the interrogatory. Sumner v. Candler, 86 N. C., 71. Whether the plaintiff left her husband’s home of her own volition, or by reason of what the law will recognize as compulsion, is an inquiry that does not necessarily involve a transaction or communication with her husband which disqualifies her under Revisal, sec. 1631, formerly Code, sec.…
2Cases cited9 opinions
- March v. . VerbleSupreme Court of North Carolina · 1878
- State Ex Rel. Peoples v. MaxwellSupreme Court of North Carolina · 1870
- Davidson v. Bardin.Supreme Court of North Carolina · 1905
- Sikes v. . ParkerSupreme Court of North Carolina · 1886
- Stocks v. Cannon.Supreme Court of North Carolina · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Roe v. . JourneganSupreme Court of North Carolina · 1920