State v. . Robinson
Supreme Court of North Carolina
CRIMINAL action, tried before Council, Jand a jury, at October Term, 1905, of the Superior Court of Sampson County. The defendant was indicted under Revisal, sec. 3367, for wilfully refusing to work certain crops on land “rented” to her by the prosecutor, and for wilfully abandoning the same before paying advances made by her landlord. She was at the time she entered into the contract of renting in 1905 and still is a married woman and lived on the land.
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CRIMINAL action, tried before Council, Jand a jury, at October Term, 1905, of the Superior Court of Sampson County. The defendant was indicted under Revisal, sec. 3367, for wilfully refusing to work certain crops on land “rented” to her by the prosecutor, and for wilfully abandoning the same before paying advances made by her landlord. She was at the time she entered into the contract of renting in 1905 and still is a married woman and lived on the land. Pier husband’s place of business was in Harnett County, but he came home every Saturday night and spent Sunday with his family. On a certain…
1Opinion of the Court
Walker, J.,
after stating the case: The defendant cannot be criminally liable under Revisal, sec. 3367, unless the contract with the prosecutor by which she rented and agreed to cultivate the land was valid and binding upon her. This was decided in State v. Howard, 88 N. C., 650, as to an infant, whose contracts are merely voidable, and the prin*622ciple is applicable with greater force to a married woman, whose contracts, as a general rule, are void. In Howard’s case, Justice Ashe, for the Court, says: “The case then results in this, that the State seeks by this indictment to hold the defendant…
2Cases cited20 opinions
- Turner v. Davis.Supreme Court of North Carolina · 1903
- Syme v. . RiddleSupreme Court of North Carolina · 1883
- Isler v. . Haddock .Supreme Court of North Carolina · 1875
- Ball v. Paquin.Supreme Court of North Carolina · 1905
- Baker v. GarrisSupreme Court of North Carolina · 1891
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