Abbott Ex Rel. Abbott v. Hancock
Supreme Court of North Carolina
Civil ACTION for seduction of plaintiff’s daughter, heard on demurrer by Brown, J., at May Term, 1898, of the Superior Court of Craven County. Previous to filing the complaint, on plaintiff’s motion for the appointment of next friend, made before the Clerk, it was adjudged that Mrs. Elizabeth Abbott be and she is hereby appointed next friend of Thomas H. Abbott to conduct for him this action in.this court against Robert Hancock — signed by the Clerk.
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Civil ACTION for seduction of plaintiff’s daughter, heard on demurrer by Brown, J., at May Term, 1898, of the Superior Court of Craven County. Previous to filing the complaint, on plaintiff’s motion for the appointment of next friend, made before the Clerk, it was adjudged that Mrs. Elizabeth Abbott be and she is hereby appointed next friend of Thomas H. Abbott to conduct for him this action in.this court against Robert Hancock — signed by the Clerk. The complaint verified by her alleges: That the plaintiff Elizabeth Abbott is the. mother and her co-plaintiff, Thomas H. Abbott is the father…
1Opinion of the Court
Clark, J.:
If the wife were suing here in her own right as a free-trader because of the insanity of her husband, it would be necessary that he should have been declared insane {Code, Section 1831) but the right of action for the seduction of the infant daughter is in the father (if living). Scarlett v. Norwood, 115 N. C., 284; Hood v. Sudderth, 111 N. C., 215. The allegation of the insanity of the husband is admitted by the demurrer’, and an insane person can sue by his next friend though there has been no inquisition of lunacy. Code, Section 180; Smith v. Smith, 100 N. C., 498. We know of no…
2Cases cited6 opinions
- Sumner v. . SessomsSupreme Court of North Carolina · 1886
- Tate v. . MottSupreme Court of North Carolina · 1887
- Hood v. . SudderthSupreme Court of North Carolina · 1892
- Scarlett v. . NorwoodSupreme Court of North Carolina · 1894
- Sullivan v. . FieldSupreme Court of North Carolina · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
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- Howell v. HowellSupreme Court of North Carolina · 1913
- Howell v. . HowellSupreme Court of North Carolina · 1913
- Snider v. Newell.Supreme Court of North Carolina · 1903
- Tucker v. . EatoughSupreme Court of North Carolina · 1923
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