McCurry v. . Purgason
Supreme Court of North Carolina
Appeal by defendants from Harding, J., at August Term, 1915, of RUTHERFORD. ■ Civil action. Plaintiff sued for tbe value of services rendered by her to the testator of defendants during the year 1905, and from that time to 12 December, 1910 — in furnishing him board to November, 1908, and board and lodging the rest of the time.
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Appeal by defendants from Harding, J., at August Term, 1915, of RUTHERFORD. ■ Civil action. Plaintiff sued for tbe value of services rendered by her to the testator of defendants during the year 1905, and from that time to 12 December, 1910 — in furnishing him board to November, 1908, and board and lodging the rest of the time. The evidence tended to show that the testator, in 1904, had rented to plaintiff’s husband, Walter D. McCurry, a tract of land known as his home place, and that after he had taken possession of it, the testator occasionally visited plaintiff and her husband at their…
1Opinion of the Court
Walker, J.,
after stating the case: The first four exceptions in this appeal were taken to the competency of the male plaintiff, Walter D. Me Curry, husband of his coplaintiff, to testify as to transactions and communications with the testator in regard to the services to recover the value of which this suit was brought. The ground of the objection to this testimony is that the wife’s earnings belonged to her husband, and for this proposition is cited Syme v. Riddle, 88 N. C., 463. We said, in S. v. Robinson, 143 N. C., 620: “It is settled that the husband is entitled to the society and to the…
2Cases cited42 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
- Kornegay v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Faw v. WhittingtonSupreme Court of North Carolina · 1875
- Oakley v. . MortonNew York Court of Appeals · 1854
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