HICKS v. HICKS

No. 6921SC14.

165 S.E.2d 681 (1969)

4 N.C. App. 28

Cyrus N. HICKS v. Juanita J. HICKS.

Court of Appeals of North Carolina.

February 26, 1969.


Attorney(s) appearing for the Case

David P. Mast, Jr., Winston-Salem, for plaintiff appellant.

Booe, Mitchell, Goodson & Shugart, by Wayne C. Shugart, Winston-Salem, for defendant appellee.


BRITT, Judge.

The first assignment of error presents the question whether the plaintiff may offer his own testimony as to the adultery of the defendant for the purpose of explaining his abandonment of the defendant and to establish his defense of recrimination to her cross-action based on abandonment.

The doctrine of recrimination is a rule which bars a plaintiff's right to divorce if the defendant proves that the plaintiff has himself been guilty of conduct...

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