Hardin v. . Davis
Supreme Court of North Carolina
Appeal by plaintiff from Webb, J., at November Term, 1920, of CHEROKEE. Civil action to recover damages for an alleged wrongful seduction. Tbe evidence of tlie plaintiff tended to show that the defendant, then a man twenty-six years of age, began to show plaintiff attentions and keep company with her in the year 1913, when the plaintiff was a mere child, not yet fifteen years old.
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Appeal by plaintiff from Webb, J., at November Term, 1920, of CHEROKEE. Civil action to recover damages for an alleged wrongful seduction. Tbe evidence of tlie plaintiff tended to show that the defendant, then a man twenty-six years of age, began to show plaintiff attentions and keep company with her in the year 1913, when the plaintiff was a mere child, not yet fifteen years old. These attentions were kepit up by the defendant continuously until the year 1916, when the defendant seduced the plaintiff and procured her to have sexual intercourse with him, which acts of intercourse were kepit…
1Opinion of the CourtStacy, J.
This was a civil action to recover damages for an alleged wrongful, but not necessarily criminal, seduction. His Honor charged the jury that before the plaintiff could recover it wbuld be necessary for her to show that the acts complained of were brought about and procured under a promise of marriage. In this we think there was error. "While a promise of marriage is quite often one of the means employed by the seducer to accomplish his purpose, and necessary to be shown on a criminal indictment (C. S., 4339; S. v. Cline, 170 N. C., 751), yet such a promise is not one of the essential elements…
2Cases cited10 opinions
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3Cited by9 opinions
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