Legal Opinion

Morgan v. . Smith

Supreme Court of North Carolina

Decided June 5, 1877PublishedCited by 15 opinions

Civil ActioN for Damages tried at Spring Term, 1877, of STANLEY Superior Court, before McKoy, J. It was alleged tliat James, John aud Henry Baker, (minors) were in the employment of the plaintiff by virtue of a contract with their mother, and that the defendant had seduced them from the service of the plaintiff.

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Civil ActioN for Damages tried at Spring Term, 1877, of STANLEY Superior Court, before McKoy, J. It was alleged tliat James, John aud Henry Baker, (minors) were in the employment of the plaintiff by virtue of a contract with their mother, and that the defendant had seduced them from the service of the plaintiff. Issues were submitted upon the evidence, and the jury found ; 1. That the plaintiff" did contract for the service of said minors. 2. They were not seduced from the service of the plaintiff" while the plaintiff" was entitled to their services. 8. The plaintiff is not entitled to…

1Opinion of the CourtRodman, J.

The plaintiff" requested Ills Honor to charge 'Hie jury; “1. If they were satisfied from the proof that the •defendant assisted Jane Baker and her sons to leave the premises of plaintiff", by furnishing them with his wagon and liorses and going with it, it was a seduction of the two boys, ■James and Henry, from his service.”

2. “That the employment of John Baker while in the service of plaintiff in virtue of the contract with his mother, was equivalent to the seduction of said John from his service.”

The first instruction prayed for was evidently incorrect. To furnish persons with the means of…

2Cases cited1 opinion

  1. Haskins v. RoysterSupreme Court of North Carolina · 1874

3Cited by15 opinions

  1. Childress v. AbelesSupreme Court of North Carolina · 1954
  2. State v. . SteeleSupreme Court of North Carolina · 1925
  3. Horah v. . KnoxSupreme Court of North Carolina · 1882
  4. State v. SteeleSupreme Court of North Carolina · 1925
  5. Sineath v. . KatzisSupreme Court of North Carolina · 1941

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