Barringer v. . Barringer

69 S.E. 279, 153 N.C. 392, 1910 N.C. LEXIS 94

• Court: Supreme Court of North Carolina
• Decided: November 10, 1910
• Status: Published

Opinion

Pee CubiaM.

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.

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.

"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.

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