O'Connor v. . O'Connor
Supreme Court of North Carolina
ActioN for divorce a mensa et thoro, tried at August terra, 1891, of Guilford Superior Court, before Winston, J. Twelve issues were submitted to the jury, being those tendered by defendant and adopted by the Court.
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ActioN for divorce a mensa et thoro, tried at August terra, 1891, of Guilford Superior Court, before Winston, J. Twelve issues were submitted to the jury, being those tendered by defendant and adopted by the Court. The issues and responses were as follows: 1. Were the plaintiff and defendant lawfully married? Answer — Yes. 2. Iiave plaintiff and defendant resided in this State for two years next preceding this action ? Answer — Yes. 3. Did the defendant in 1878 violently choke, beat and bruise the plaintiff at the time she was pregnant. Answer— Yes. 4. Did the defendant in September, 1884,…
1Opinion of the CourtAvery, J.
after stating the case, proceeded: It is true, as insisted by counsel in the brief, that a husband who brings his action for divorce from the bonds of matrimony is not required to “purge his conscience” by negativing, in his complaint, the possibility of unfaithfulness on his part. Edwards v. Edwards, Phil., 544; Steel v. Steel, 104 N. C , 631. But when the wife demands only a divorce a mensa et thoro, on the ground that the husband, by personal violence, has made her life intolerable and her condition burdensome, she must state specifically her complaint, what, if anything, was said or done…
2Cases cited4 opinions
- Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
- Jackson v. . JacksonSupreme Court of North Carolina · 1890
- White v. . WhiteSupreme Court of North Carolina · 1881
- McQueen v. . McQueenSupreme Court of North Carolina · 1880
3Cited by16 opinions
- Martin v. Martin.Supreme Court of North Carolina · 1902
- Dowdy v. . DowdySupreme Court of North Carolina · 1911
- Ladd v. . LaddSupreme Court of North Carolina · 1897
- Brooks v. . BrooksSupreme Court of North Carolina · 1946
- Carnes v. . CarnesSupreme Court of North Carolina · 1933
11 more not listed; retrieve them via the Exa API.