Powell v. Benthall
Supreme Court of North Carolina
ActioN by D. C. Powell against W. T. Bentball and wife, beard by Judge W. B. Council and a jury, at April Term, 1904, of tbe Superior Court of Hertford County. The plaintiff sued tbe defendants jointly upon two causes of action: 1st. That they wrongfully and maliciously alienated tbe affections -of bis wife and enticed her away from him. 2d. That they harbored bis wife after being forbidden to do so.
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ActioN by D. C. Powell against W. T. Bentball and wife, beard by Judge W. B. Council and a jury, at April Term, 1904, of tbe Superior Court of Hertford County. The plaintiff sued tbe defendants jointly upon two causes of action: 1st. That they wrongfully and maliciously alienated tbe affections -of bis wife and enticed her away from him. 2d. That they harbored bis wife after being forbidden to do so. Tbe jury rendered a verdict against tbe plaintiff on tbe first cause of action. On tbe second cause of action they found for tbe "plaintiff and awarded him $1,500 damages. Tbe defendants denying…
1Opinion of the Court
Connor, L
Iiis Honor’s instructions are based upon certain legal propositions which are challenged by the defendants’ exceptions. They are: that, if the wife separated herself from her husband without his consent her sister and brother-in-law become liable to an action for damages on the part of the husband, if, after being forbidden to do so, they permit or allow her to remain in their home, unless they can show affirmatively that the wife was justified in separating from her husband. The jury by their verdict on the first issue excluded any suggestion that defendants alienated her affections…
2Cases cited4 opinions
- State v. . OliverSupreme Court of North Carolina · 1874
- Johnson v. . AllenSupreme Court of North Carolina · 1888
- Turner v. EstesMassachusetts Supreme Judicial Court · 1807
- Pearce v. Fisher.Supreme Court of North Carolina · 1903
3Cited by12 opinions
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- Ratcliffe v. WalkerSupreme Court of Virginia · 1915
- Woodson v. BaileySupreme Court of Alabama · 1924
- Allard v. La PlainWashington Supreme Court · 1928
- Baird v. CarleWisconsin Supreme Court · 1914
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