Legal Opinion

Barbee v. . Armstead

Supreme Court of North Carolina

Decided December 5, 1849PublishedCited by 5 opinions

Appeal from the Superior Court of Law of Wako County, at the Spring Term 1848, his Honor Judge Card well presiding. This was an action on the case to recover damages for enticing the wife of the paintifF to leave him and detaining her, whereby he lost her services and the comfort of her society.

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Appeal from the Superior Court of Law of Wako County, at the Spring Term 1848, his Honor Judge Card well presiding. This was an action on the case to recover damages for enticing the wife of the paintifF to leave him and detaining her, whereby he lost her services and the comfort of her society. It appeared on his behalf, that his wife left him in August 1841, by the enticement of the female defendant, who lived with the defendant, Armstead, and is the mother of the plaintiff’s wife. She assigned, as a reason for it, that the plaintiff was lazy and did not provide for his family, and she did…

1Opinion of the CourtNash, J.

That deeds, for the separation of married persons, may, by the laws of England, be valid and effectual, to many purposes, cannot be doubted. The principle has been affirmed in too many cases in that country,, to be now safely questioned ; yet that they are at variance with sound policy has been often diselared by many of the ablest English Judges — by Lord Rosslyn in Legard v. Johnston, 3d Vesey 358 — by Lord Eldon in Beard v. Webb, 2nd Bos. and Pul. 93, and in St. John v. St John, 11th Vesey 526 — and by Lord Elleneorouuii in Rodney v. Chambers, 2nd East 288, But if all these cases, decided…

Also in this document: Per curiam.

2Cited by5 opinions

  1. Archbell v. ArchbellSupreme Court of North Carolina · 1912
  2. Archbell v. . ArchbellSupreme Court of North Carolina · 1912
  3. Bishop v. GlazenerSupreme Court of North Carolina · 1957
  4. Cannon v. MillerCourt of Appeals of North Carolina · 1984
  5. Haskins v. . RoysterSupreme Court of North Carolina · 1874

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