High v. . Bailey
Supreme Court of North Carolina
This was a civil action, tried upon issues raised before the Clerk, at the Fall Term, 1889, of Wilson Superior Court, before MacRae, J. The purpose of the action is to recover a fund to the use of the plaintiff, the husband of the defendant administrator’s intestate, being a balance of proceeds of personal property left in his hands, after settling the estate.
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This was a civil action, tried upon issues raised before the Clerk, at the Fall Term, 1889, of Wilson Superior Court, before MacRae, J. The purpose of the action is to recover a fund to the use of the plaintiff, the husband of the defendant administrator’s intestate, being a balance of proceeds of personal property left in his hands, after settling the estate. The defendant, administrator and guardian for the children of the intestate by a former husband, resisted the action, on the ground, among others, that the plaintiff had abandoned his wife sometime before her death. The defendant…
1Opinion of the Court
Shepherd, J.:
The single issue submitted to the jury was, “Did the petitioner abandon his wife, the intestate, as alleged?” And the only question presented for our consideration is, whether there was any evidence to sustain the affirmative finding of the jury.
It is true, as is contended by the counsel for the plaintiff, that if the wife left her husband voluntarily, there could be no abandonment by him, but if, in the language of his Honor, “he made her leave, or so failed to provide for her support that she was compelled to leave, in order to provide for herself and family,” this would, in…
2Cases cited1 opinion
- Levering v. LeveringCourt of Appeals of Maryland · 1860
3Cited by11 opinions
- Humphrey v. Board of Trustees of Front Street Methodist Episcopal ChurchSupreme Court of North Carolina · 1891
- McManus v. . McManusSupreme Court of North Carolina · 1926
- Crews v. . CrewsSupreme Court of North Carolina · 1918
- Scheper v. ScheperSupreme Court of South Carolina · 1923
- Dowdy v. . DowdySupreme Court of North Carolina · 1911
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