44 S.E.2d 79 | N.C. | 1947
Civil action to recover damages for criminal conversation with plaintiff's husband and the alienation of his affections. There was a verdict for the plaintiff, and from judgment entered thereon, the defendant appealed, assigning error. The defendant demurred ore tenus in this Court on the ground that a wife cannot maintain an action against another for criminal conversation with her husband and the alienation of his affections. The demurrer cannot be sustained.
We concur in what was said in Hinnant v. Power Co.,
The defendant assigns as error the admission of testimony by the plaintiff, over defendant's objection, relative to statements made to the plaintiff by her husband, which statements tended to show his illicit relationship with the defendant. The admission of this evidence was error. The statute, G.S.,
Declarations of plaintiff's husband as to his improper relationship with the defendant are incompetent as evidence for plaintiff in this *684
action. Grant v. Mitchell,
The defendant is entitled to a new trial, and it is so ordered.
New trial.