Litchfield v. Cox, 33
| Decision Date | 02 March 1966 |
| Docket Number | No. 33,33 |
| Citation | 146 S.E.2d 641,266 N.C. 622 |
| Parties | Claude Davis LITCHFIELD v. William Harvey COX. |
| Court | North Carolina Supreme Court |
John A. Wilkinson, by James R. Vosburgh, Washington, for plaintiff.
Aydlett & White, Elizabeth City, for defendant.
To establish a case against the defendant for alienation of his wife's affections, the law imposes upon the plaintiff, Litchfield, the burden of showing, by competent evidence, the following: Ridenhour v. Miller, 225 N.C. 543, 35 S.E.2d 611.
The mother of the plaintiff, Mrs. Bess Litchfield, testified that her son and his wife seemed to be fond of each other and it was just a happy family. The plaintiff testified
The defendant supplied the plaintiff's wife with liquor until she had a drinking problem. He wrote her that
The above excerpts from the plaintiff's evidence fully establish the three elements necessary to survive a motion for nonsuit. While it is true that the plaintiff and his 'alienated' wife are still living together that affects the credibility of his evidence, but it still remains a question for the jury.
Reversed.
MOORE, J., not sitting.
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Stann v. Levine
...McCutchen v. McCutchen, 360 N.C. 280, 283, 624 S.E.2d 620, 623 (2006) (alterations in original) (quoting Litchfield v. Cox, 266 N.C. 622, 623, 146 S.E.2d 641, 641 (1966)). McCutchen clarified that an alienation claim when the wrong is complete. The "wrong" in an alienation of affections cas......
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McCutchen v. McCutchen
...(4) the wrongful and malicious acts of the defendant caused the loss and alienation of such love and affection. Litchfield v. Cox, 266 N.C. 622, 623, 146 S.E.2d 641 (1966) (citations omitted). The second element of existing love and affection may be satisfied in less than stable marriages. ......
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Ward v. Beaton
...also testified Mr. Ward was a "good husband" to her and a "good father" to his children. (Tr. at 19.) See, e.g., Litchfield v. Cox, 266 N.C. 622, 623, 146 S.E.2d 641, 642 (1966) (holding plaintiff's own testimony that her marriage was a good one sufficient to establish a marriage with love ......
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McCutchen v. McCutchen
...acts of the defendant[] produced and brought about the loss and alienation of such love and affection.'" Litchfield v. Cox, 266 N.C. 622, 623, 146 S.E.2d 641, 641 (1966) (citation omitted). Although the plaintiff must introduce evidence of a valid marriage, as well as marital love and affec......