Leonard v. . Leonard
Supreme Court of North Carolina
This was an action begun before the Clerk, and tried before Bynum, J., at March Term, 1889, of Guilford Superior Court. Defendant appealed.
1Opinion of the Court
Clark, J.:
This was a proceeding by the plaintiff, claiming to be the widow of James Leonard, against the executor, to require him to give bond and to allot to her a year’s provision, alleging that he had refused to do so upon- her application. The jury, in response to issues submitted, found that the plaintiff committed adultery prior to 1868, and had not since lived with her husband, and was not living with him at his death.
It is unnecessary to consider the other exceptions, as upon the issues found we think judgment should have been entered for the defendant. The Code, § 2116, provides “If…
2Cases cited1 opinion
- Cook v. . SextonSupreme Court of North Carolina · 1878