Hill v. . Hill

146 S.E. 138, 196 N.C. 472, 1929 N.C. LEXIS 16

• Court: Supreme Court of North Carolina
• Decided: January 9, 1929
• Status: Published

Opinion

Stacy, 0. J.

We think the evidence tending to show the use of profanity on the part of the defendant and the arrest of Gertrude Jones, charged with disorderly conduct, in this action for divorce, should have been excluded, seasonable objections having been made to its admission. It could hardly be said that either circumstance, on the facts of the present record, was relevant or competent to show the defendant’s alleged adultery. Shepherd v. Lumber Co., 166 N. C., 130, 81 S. E., 1064.

Speaking to the first question in Nixon v. McKinney, 105 N. C., 23, 11 S. E., 154, Avery, J., delivering the opinion of the Court, said: “Particular facts are not admissible to prove the reputation of a party or witness to be either good or bad, for the reasons that they do not necessarily tend to establish a general character; that they confuse the jury by raising collateral issues, and especially that a party is presumed to be ready to defend his own general reputation or that of his witnesses, but not to meet specific charges against either without notice,” citing as authority for the position: Peterson v. Morgan, 116 Mass., 350; Whart. on Ev., sec. 56; S. v. Bullard, 100 N. C., 486; Barton v. Morphes, 13 N. C., 520.

And in regard to the second, Connor, J., speaking for the Court in Martin v. Knight, 147 N. C., 564, 61 S. E., 447, said: “It is clear that a paper-writing or record containing no information upon which an inference could be drawn in regard to the matter in controversy is irrelevant and inadmissible for any purpose.”

For the errors, as indicated, a new trial must be awarded, and it is so ordered.

New trial.