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153 N.C. 392

69 S.E 279

Barringer v. . Barringer

Supreme Court of North Carolina

Decided November 10, 1910

Supreme Court of North Carolina · decided 1910-11-10

Ajppeal from Biggs, J., at the May Term, 1910, of Kowah. Civil action for divorce a mensa. These issues were submitted and answered by the jury: 1. Were plaintiff and defendant married to each other as alleged? Answer: Yes. 2. Has the plaintiff been a resident of this State for two years prior to the commencement of this action, and the filing of the complaint ? Answer: Yes. 3.

Cited by 1 later decisions — most recently December 1925

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1910-11-10

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Pee CubiaM.

¶1 The evidence set out in the record discloses most barbarous and inhuman treatment upon the part of the defendant husband. It includes evidence of murderous assaults, continued brutal conduct and long continued habitual drunkenness, fully warranting the findings of the jury.

¶2 The issue tendered by defendant, “Is the defendant an habitual drunkard?” is immaterial, as the finding upon the third issue is amply sufficient to uphold the judgment.

¶3 "We think, however, his Honor submitted the fourth issue in proper form, except as to the last part, “without provocation on plaintiff’s part,” and that addition did not prejudice defendant. We are not aware that the wife’s provocation ever justifies or excuses the husband in becoming an habitual drunkard.

¶4 We have examined the six assignments of error and find them to be without merit. No error.

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