Horne v. . Horne
Supreme Court of North Carolina
Divorce a vinculo matrimonii, tried before Buxtond J., at Pall Term, 1874, of Anson Superior Court. The parties were married 9th of March. 1864. The application for divorce is made by the plaintiff, because of alleged acts of adultery committed by the defendant. The suit was commenced by summons 9th of September, 1873. The defendant makes defence, denies the imputed criminal acts, and in bar of the plaintiff’s suit charges him with the commission of adultery.
Read the full summary
Divorce a vinculo matrimonii, tried before Buxtond J., at Pall Term, 1874, of Anson Superior Court. The parties were married 9th of March. 1864. The application for divorce is made by the plaintiff, because of alleged acts of adultery committed by the defendant. The suit was commenced by summons 9th of September, 1873. The defendant makes defence, denies the imputed criminal acts, and in bar of the plaintiff’s suit charges him with the commission of adultery. The cause was put to the jury upon certain issues submitted by the counsel, under the direction of the Court, which issues, with the…
1Opinion of the Court
PeaRSOn, O. J.
“ Recrimination and condonation ” are principles of the common law in reference to applications for divorce, so the provision of the statute, Revised Code, chapter 39, section 10, is merely in affirmance of the common law, and it can make no difference to the plaintiff whether this section be retained or omitted by the Act of 1871-’72, chapter 193, section 35. Indeed it would be more favorable to him to consider the section as retained, for the wording of that section is more narrow than the principle of the common law.
Upon this narrow wording his Honor fell into error in ruling…
2Cited by7 opinions
- Duberstein v. DubersteinIllinois Supreme Court · 1897
- Pharr v. . PharrSupreme Court of North Carolina · 1943
- Kinney v. . KinneySupreme Court of North Carolina · 1908
- Steel v. . SteelSupreme Court of North Carolina · 1889
- Burke v. BurkeSupreme Court of Kansas · 1890
2 more not listed; retrieve them via the Exa API.