Powell v. Strickland
Supreme Court of North Carolina
Appeal by defendant from Gline, J., at April Term, 1913, Of FRANKLIN. Tbis action was brought to recover damages for criminal conversation with plaintiff’s 'wife -and the alienation of her affections. There was a verdict for the plaintiff, and from the'judgment thereon the defendant appealed, after taking and reserving exceptions.
1Opinion of the Court
"Walkeb, J.
This appeal, in one aspect of it, involves the competency of a husband to testify as a witness in his own behalf to the adultery of his wife with the defendant, she, of course, not being a party to the record. It is well known that, at common law, parties to and persons interested in the event of an action were not permitted to testify, nor could the husband or wife testify for or against each other, except in certain cases not necessary to be mentioned. But this has been changed radically by .modern legislation, under the wise and skillful leadership of Pitt, Taylor, Lord Denman,…
2Cases cited27 opinions
- Goodman v. . SappSupreme Court of North Carolina · 1889
- State v. . GuestSupreme Court of North Carolina · 1888
- Johnson v. . AllenSupreme Court of North Carolina · 1888
- Hudson v. . JordanSupreme Court of North Carolina · 1891
- Sumner v. . CandlerSupreme Court of North Carolina · 1885
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3Cited by33 opinions
- In Re Inquiry Concerning a Judge No. 53 PeoplesSupreme Court of North Carolina · 1978
- McNeill v. . McNeillSupreme Court of North Carolina · 1943
- In Re HintonSupreme Court of North Carolina · 1920
- Connolly v. Nicollet HotelSupreme Court of Minnesota · 1960
- Fourth National Bank v. McArthurSupreme Court of North Carolina · 1915
28 more not listed; retrieve them via the Exa API.