Ellett v. Ellett
Supreme Court of North Carolina
Appeal by plaintiff from W. J. Adams, J., at February Term, 1911, of RockiNgi-iam. The facts are sufficiently stated in the opinion of the Court by Mr. Chief Justice Cla/i'k.
1Opinion of the CourtOlaRK, C. J.
This is an action for an absolute divorce brought by the husband against the wife. The seventh issue was as follows: “7. Hid the defendant commit adultery with one George B. Gatling, as alleged in the complaint?” On this issue the judge charged: “The plaintiff must show such adulterous intercourse by evidence which is .clear, cogent, and con*163vincing. If yon find from tbe evidence wbicb is clear, cogent, and convincing that the defendant committed adultery with George B. Gatling, your answer to the seventh issue will be ‘Yes.’ If not, your answer to the seventh issue will be ‘No.’ ”
The…
2Cases cited13 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Cram v. . CramSupreme Court of North Carolina · 1895
- Smith v. . KingSupreme Court of North Carolina · 1890
- Watkins v. . WilliamsSupreme Court of North Carolina · 1898
- Skittletharpe v. Skittletharpe.Supreme Court of North Carolina · 1902
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3Cited by19 opinions
- Archbell v. ArchbellSupreme Court of North Carolina · 1912
- Byers v. . ByersSupreme Court of North Carolina · 1943
- Byers v. ByersSupreme Court of North Carolina · 1943
- Archbell v. . ArchbellSupreme Court of North Carolina · 1912
- Williams v. Blue Ridge Building & Loan Ass'nSupreme Court of North Carolina · 1934
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