Opinion · Superior Court of North Carolina

Telts v. Foster

Telts v. Foster, 1 N.C. 121 (Superior Court of North Carolina 1799)

Type
Opinion
Court
Superior Court of North Carolina
Jurisdiction
North Carolina
Date
1799-04-15
Topic
general

Moore, J. The answers of the defendants ought to be read to the jury, and by them considered. There is in this case no positive proof of a marriage, but there are circumstances advancing to create a belief that a marriage has taken place : they have lived together along time, as man and wife, have had several children, and the witnesses say that she was a woman of irreproachable character before these things happened. If so, a presumption arises that she would not thus have cohabited with the other defendant, unless a marriage had been previously solemnized. Upon such evidence, I think the jury may find a marriage.

Citator

UpLaw has not yet analyzed Telts v. Foster. The absence of a flag is not a finding that it is good law.

Moore, J.

The answers of the defendants ought to be read to the jury, and by them considered. There is in this case no positive proof of a marriage, but there are circumstances advancing to create a belief that a marriage has taken place : they have lived together along time, as man and wife, have had several children, and the witnesses say that she was a woman of irreproachable character before these things happened. If so, a presumption arises that she would not thus have cohabited with the other defendant, unless a marriage had been previously solemnized. Upon such evidence, I think the jury may find a marriage.

Verdict accordingly.