Legal Opinion
Smith v. Perdue
Supreme Court of North Carolina
Decided February 1, 1963No. 741PublishedCited by 15 opinions
1Opinion of the CourtSharp, J.
Over obj ection, each plaintiff testified for the other. This was permissible procedure and defendant’s assignments of error to the evidence thus elicited are not sustained. We have consistently held that in actions of this kind the relationship of husband and wife does not render the testimony of one for the other incompetent under G.S. 8-51. Burton v. Styers, 210 N.C. 230, 186 S.E. 248; Bank v. Atkinson, 245 N.C. 563, 96 S.E. 2d 837.
As a witness for her -husband, Willis Smith testified that in March 1941 while they were visiting in the home of the Mosers, Mr. Moser said to him: “Troy, we…
2Cases cited8 opinions
- Hunt v. WootenSupreme Court of North Carolina · 1953
- Stewart v. . WyrickSupreme Court of North Carolina · 1947
- Burton v. . StyersSupreme Court of North Carolina · 1936
- Gidney v. . MooreSupreme Court of North Carolina · 1882
- Roe v. . JourneganSupreme Court of North Carolina · 1918
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. BrownSupreme Court of North Carolina · 1965
- Paul E. Kline v. Wheels by Kinney, Inc., and Kinney National Services, Inc.Court of Appeals for the Fourth Circuit · 1972
- Rape v. LyerlySupreme Court of North Carolina · 1975
- Hanks v. Nationwide Mutual Fire InsuranceCourt of Appeals of North Carolina · 1980
- Goble v. HelmsCourt of Appeals of North Carolina · 1983
10 more not listed; retrieve them via the Exa API.