Toole v. Toole
Supreme Court of North Carolina
Civil ACTION for divorce, tried at February Term, 1892, of the Superior Court of MeckleNbuug County, before Byman, J. In connection with other testimony tending to prove directly criminal intercourse, as charged in the complaint, between one Palmer and the defendant, as well as their association under suspicious circumstances on other occasions, a witness, Laura Webb, was allowed to testify, defendant objecting, to a conversation between Palmer and defendant, in which Palmer…
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Civil ACTION for divorce, tried at February Term, 1892, of the Superior Court of MeckleNbuug County, before Byman, J. In connection with other testimony tending to prove directly criminal intercourse, as charged in the complaint, between one Palmer and the defendant, as well as their association under suspicious circumstances on other occasions, a witness, Laura Webb, was allowed to testify, defendant objecting, to a conversation between Palmer and defendant, in which Palmer said: “ When I was in Florida you sent for me to come back; now you have gone back on me for another man; you have…
1Opinion of the CourtAvery, J.
(after stating the facts): On the trial of actions for divorce a vinculo matrimonii the adultery alleged cannot be shown either by the direct testimony of the parties or confession of husband or wife made to each other or admissions in the pleadings. The Code, §1288 ; Steel v. Steel, 104 N. C., 631. But the declarations of an alleged paramour, made to or in the presence of the feme defendant, indicating that improper familiarities had been or were about to be indulged in between them, and her reply to such declarations, fall neither within the prohibition of the statute nor the reason of the…
2Cases cited6 opinions
- Osborne v. . WilkesSupreme Court of North Carolina · 1891
- Gilbert v. . JamesSupreme Court of North Carolina · 1882
- Perkins v. . PerkinsSupreme Court of North Carolina · 1883
- Steel v. . SteelSupreme Court of North Carolina · 1889
- Pond v. PondMassachusetts Supreme Judicial Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bond v. BondSupreme Judicial Court of Maine · 1928
- State v. . RandallSupreme Court of North Carolina · 1915
- Kinney v. . KinneySupreme Court of North Carolina · 1908
- Strickland v. . CoxSupreme Court of North Carolina · 1889
- Stephenson v. City of RaleighSupreme Court of North Carolina · 1919