Sims Ex Rel. Sprinkle v. Sims
Supreme Court of North Carolina
ActioN for divorce brought by Nancy E. Sims, by her guardian, W. R. Sprinkle, against W. M. Sims, tried before Starhucl•, «/., and a jury at Fall Term, 1897, of Wilkes Superior Court. Tlie action is entitled “Nancy E. Sims, by her guardian, W. R. Sprinkle v. W. M.'Sims.”
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ActioN for divorce brought by Nancy E. Sims, by her guardian, W. R. Sprinkle, against W. M. Sims, tried before Starhucl•, «/., and a jury at Fall Term, 1897, of Wilkes Superior Court. Tlie action is entitled “Nancy E. Sims, by her guardian, W. R. Sprinkle v. W. M.'Sims.” On the trial the following-issues were submitted: 1. Is the action brought in the name of the proper party, to-wit: ~W. R. Sprinkle, Guardian? 2. Did Nancy E. Sims have sufficient mental capacity to enter into a marriage contract with W. M. Sims on the 14th day of November, 1893? On October 2,1898, a proceeding was begun to…
1Opinion of the Court
Clark, J.:
On November 11, 1893, Nancy E. Sims, under appropriate proceedings begun sometime previous, was duly found by tlie jury to be mentally imbecile. The jury in the present case find that the alleged marriage with the defendant took place on the 14th of November, 1893. Such marriage is absolutely void ab initio and can be at any time so declared by the Courts. Crump v. Morgan, 38 N. C., 91, which has been often cited and approved (Wo-mack’s Digest No. 2005) and of late years in Webber v. Webber, 79 N. C., at p. 576 and Baity v. Oranfill, 91 N. C., at p. 298. The power of the Courts to…
2Cases cited10 opinions
- State v. . ParkerSupreme Court of North Carolina · 1890
- Lea v. . LeaSupreme Court of North Carolina · 1889
- Koonce v. . WallaceSupreme Court of North Carolina · 1859
- Crump v. . MorganSupreme Court of North Carolina · 1843
- Johnson v. . KincadeSupreme Court of North Carolina · 1843
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wiley v. WileyIndiana Court of Appeals · 1919
- Coleman v. ColemanOregon Supreme Court · 1917
- Dillion v. DillionCourt of Appeals of Texas · 1925
- Taylor v. . WhiteSupreme Court of North Carolina · 1912
- Watters v. . WattersSupreme Court of North Carolina · 1915
7 more not listed; retrieve them via the Exa API.