Miller v. . Miller
Supreme Court of North Carolina
Civil ActioN for Divorce a mensa et thoro, tried at Fall Term, 1877, of Row AN Superior Court, before Cox, J. The plaintiff alleged among other things that she suspected the defendant of improper intimacy with one Louisa Nash who was introduced by the plaintiff as a witness and testified (as stated in the case) that she lived as a servant in the family of plaintiff and defendant, and that during the absence of the plaintiff' from home she had carnal intercourse more than…
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Civil ActioN for Divorce a mensa et thoro, tried at Fall Term, 1877, of Row AN Superior Court, before Cox, J. The plaintiff alleged among other things that she suspected the defendant of improper intimacy with one Louisa Nash who was introduced by the plaintiff as a witness and testified (as stated in the case) that she lived as a servant in the family of plaintiff and defendant, and that during the absence of the plaintiff' from home she had carnal intercourse more than once with the defendant in his bed chamber, and that she became pregnant by defendant. During [her pregnancy the plaintiff…
1Opinion of the CourtRodman, J.
By the law of this State, a divorce from the-bonds of matrimony shall be granted to a wife when her" husband separates from her and lives in adultery! Bat. Rev. ch. 37 § 41. This Act has-been on our statute bookfoi"-many years. 1 The statutes of perhaps most of our sisterStates are different. 1 Bish. Mar. & Div. § § 703-707. We-have no occasion to defend the policy of our legislation, but-we may express the belief that infidelity on the part of husbands is not more frequent here than elsewhere. It is agreeable also to find that the most recent legislation in England, the result of its most…
2Cases cited2 opinions
- Gholston v. GholstonSupreme Court of Georgia · 1860
- Powelson v. PowelsonCalifornia Supreme Court · 1863
3Cited by3 opinions
- Ring v. RingSupreme Court of Georgia · 1903
- Cline v. ClineOregon Supreme Court · 1882
- Cain v. CainOregon Supreme Court · 1924