Traywick v. Traywick

BRITT, Judge.

Defendant contends the court erred in admitting testimony by plaintiff concerning his visits with Mrs. Nelson. The contention has no merit. Testimony by a wife concerning her husband’s relationship with another woman will be excluded under G.S. 50-10 when it clearly implies an act of adultery, even though the words “adultery” or “intercourse” are not used. Phillips v. Phillips, 9 N.C. App. 438, 176 S.E. 2d 379 (1970). But when there is no clear implication of intercourse, the testimony is admissible. Earles v. Earles, 26 N.C. App. 559, 216 S.E. 2d 739 (1975), cert. denied, 288…