Green v. Green

• Decision Date: 18 December 1902
• Citation: 42 S.E. 954,131 N.C. 533
• Court: North Carolina Supreme Court
• Parties: GREEN. v. GREEN.

42 S.E. 954

131 N.C. 533

GREEN.

v.GREEN.

Supreme Court of North Carolina.

Dec. 18, 1902.

DIVORCE FROM BED AND BOARD—INDIGNITIES—EVIDENCE.

1. A divorce from bed and board, under Code, § 1286. for indignities to the wife, rendering her condition intolerable and life burdensome, is warranted, where the husband, without cause, denied the paternity of her children, withdrew all marital intercourse from her, cursed her, and struck at her.

¶ 1. See Divorce, vol. 17, Cent. Dig. §§ 86, 94.

2. In an action for divorce from bed and board for indignities, evidence of an indignity within six months of the bringing of the action should be excluded.

Appeal from superior court, Jackson county; Justice, Judge.

Action by Maggie V. Green against John A. Green. Judgment for defendant Plaintiff appeals. Reversed.

Walter E. Moore, for appellant.

Coleman C. Cowan, for appellee.

CLARK, J. This is an action for divorce from bed and board. The complaint alleges, in substance: That on or about September 4, 1900, the defendant cursed and abused the plaintiff, drawing back his fists to strike her, which plaintiff avoided by stepping back, and told her to leave his house; that he did not respect or love her; and this in the presence of a neighbor, —and states her conduct, to show that she did not provoke it That the defendant was jealous, and if she spoke to any man or went to any neighbor's house, the defendant would get mad, and would not speak to her for several days, and that she did nothing to cause jealousy; stating her conduct. That for at least six months prior to September 4, 1900, the day the plaintiff was driven from the defendant's house, he had slept in the storehouse, and refused to stay in the dwelling house and sleep with this affiant, though she had often begged him so to do, and had withdrawn during that time all marital intercourse from the plaintiff, and had denied his being father of their children, whereupon she avers that such indignities have rendered her condition intolerable and life burdensome. Code, § 1286. The plaintiff testified that she was 25 years old, and the defendant 59; that they had been married 6 years, and had two children, —and testified somewhat more in detail to the state of facts above set out, and introduced, without objection, a long letter from the defendant written in November, 1900, soon after the separation, in which, among other insulting things, he repeats that the children were not his, and charges that they were begotten by the plaintiff's uncle. Upon demurrer to the evidence, the court gave judgment of nonsuit. In this there was error. In Coble v. Coble, 55 N. C. 392, it is said that it is not necessary that, to render the plaintiff's condition intolerable and life burdensome, there should be a striking or even a touching of the body, but foul and unjust...