Grant v. . Mitchell
Supreme Court of North Carolina
Appeal from Carter, J., at May Term, 1911, of Beetie. This is an action, brought by tbe husband, to recover damages for criminal conversation with his wife. The plaintiff introduced evidence tending to prove the allegations of his complaint, and evidence to the contrary was introduced by the defendant.
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Appeal from Carter, J., at May Term, 1911, of Beetie. This is an action, brought by tbe husband, to recover damages for criminal conversation with his wife. The plaintiff introduced evidence tending to prove the allegations of his complaint, and evidence to the contrary was introduced by the defendant. In support of the contention that an improper relationship existed between the wife of the plaintiff and the defendant, the plaintiff introduced J. N. Vann, who after testifying that he knew the handwriting of the defendant, and to facts from which the court found that secondary evidence was…
1Opinion of the CourtAlleN, J.
The wife of the plaintiff was not a competent witness under Rev., sec. 1636, which reads as follows;
“In any trial or inquiry in any suit, action, or proceeding in any court, or before any person having, by law or consent of parties, authority to examine witnesses or hear evidence, the husband or wife of any party thereto, or of any person in whose behalf any such suit, action, or proceeding is brought, prosecuted, opposed, or defended, shall, except as herein stated, be competent and compellable to give evidence as any other witness on behalf of any party to such suit, action, or proceeding.…
2Cases cited6 opinions
- Paine v. . RobertsSupreme Court of North Carolina · 1880
- Broom v. Broom.Supreme Court of North Carolina · 1902
- Wright v. . StoweSupreme Court of North Carolina · 1857
- Jones v. . WardSupreme Court of North Carolina · 1855
- Buie v. . CarverSupreme Court of North Carolina · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Powell v. StricklandSupreme Court of North Carolina · 1913
- Powell v. . StricklandSupreme Court of North Carolina · 1913
- Wright v. WrightSupreme Court of North Carolina · 1972
- Becker v. BeckerSupreme Court of North Carolina · 1964
- State v. . AdamsSupreme Court of North Carolina · 1927
6 more not listed; retrieve them via the Exa API.