Legal Opinion

McCall v. . Galloway

Supreme Court of North Carolina

Decided May 28, 1913PublishedCited by 7 opinions

Appeal by defendant from Long, J., at August Term, 1912, of TRANSYLVANIA. Civil action, tried upon these issues: 1. Did the defendant ÜVL W. Galloway unlawfully entice tbe plaintiff's wife from Mm and unlawfully and licentiously debauch and carnally know her, as alleged in the complaint? Answer: Yes. 2. What damages, if any, has the plaintiff sustained by reason of the defendant’s alleged wrongful acts? Answer: Pive hundred dollars ($500). From the judgment rendered, the…

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Appeal by defendant from Long, J., at August Term, 1912, of TRANSYLVANIA. Civil action, tried upon these issues: 1. Did the defendant ÜVL W. Galloway unlawfully entice tbe plaintiff's wife from Mm and unlawfully and licentiously debauch and carnally know her, as alleged in the complaint? Answer: Yes. 2. What damages, if any, has the plaintiff sustained by reason of the defendant’s alleged wrongful acts? Answer: Pive hundred dollars ($500). From the judgment rendered, the defendant appealed.

1Opinion of the Court

Brown, I.

There is evidence in the record sufficient to be submitted to the jury fending to establish the allegations of the complaint. It is unnecessary and will serve no good purpose to set it out.

The defendant excepted to the issues, but tendered no others. If the issues framed by the court are deemed insufficient to develop the case, the party prejudiced thereby must lay the foundation for an exception and appeal by suggesting the proper corrections at the time. Moore v. Hill, 85 N. C., 218; Robinson v. Sampson, 121 N. C., 99.

The defendant having failed to tender such issues as he deemed…

2Cases cited3 opinions

  1. Grant v. . MitchellSupreme Court of North Carolina · 1911
  2. Moore v. . HillSupreme Court of North Carolina · 1881
  3. Robinson v. . SampsonSupreme Court of North Carolina · 1897

3Cited by7 opinions

  1. Powell v. StricklandSupreme Court of North Carolina · 1913
  2. Powell v. . StricklandSupreme Court of North Carolina · 1913
  3. Wright v. WrightSupreme Court of North Carolina · 1972
  4. Becker v. BeckerSupreme Court of North Carolina · 1964
  5. Helminiak v. PrzekuratWisconsin Supreme Court · 1924

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