Broom v. Broom.
Supreme Court of North Carolina
ActioN by A. H. Broom against Almetta v. Broom, beard by Judge W. S. O’B. Robinson and a jury, at January Term, 1901, of the Superior Court of UmoN County. From a judgment for tbe defendant, the plaintiff appealed.
1Opinion of the CourtClark, J.
This is an action by the husband for divorce. 'Two witnesses introduced by plaintiff, testified each for him:self, that he had had sexual intercourse with the defendant .since her marriage. The defendant testified that this was untrue. No objection was made to her testifying, but after verdict plaintiff excepted because it being testimony prohibited "by statute, consent could not make it competent and no exception at the time was necessary. State v. Ballard, 79 N. C., 627; Presnell v. Garrison, 121, N. C., 366. This presents the question whether such testimony is prohibited.
The Code, Sec.…
2Cases cited1 opinion
- State v. . BallardSupreme Court of North Carolina · 1878
3Cited by19 opinions
- State v. AsheSupreme Court of North Carolina · 1985
- State v. . BryantSupreme Court of North Carolina · 1925
- Powell v. StricklandSupreme Court of North Carolina · 1913
- Powell v. . StricklandSupreme Court of North Carolina · 1913
- Wright v. WrightSupreme Court of North Carolina · 1972
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