State v. Morgan

6 Citing cases

  1. State v. Kurtz

    564 S.W.2d 856 (Mo. 1978)   Cited 29 times
    Finding no plain error on direct appeal where the trial court failed to follow that automatic submission rule

    It is clear that in testifying to the matters stated above the priest did not testify "concerning a confession made to him in his professional character, in the course of discipline enjoined by the rules of practice" of the Catholic church. See State v. Morgan, 196 Mo. 177, 95 S.W. 402 (1906). He testified only to what others did or did not do, and to those matters that were said or done by appellant in the presence of others.

  2. Wilson v. Wilson

    261 N.C. 40 (N.C. 1964)   Cited 31 times
    Providing that North Carolina law governs the Distribution Agreement

    It is not within the constitutional inhibition against imprisonment for debt. Pain v. Pain, 80 N.C. 322; S. v. Morgan, 141 N.C. 726. The duty of the husband to support is a continuing one.

  3. State v. Hollinger

    287 N.W. 225 (N.D. 1939)   Cited 1 times

    While there is some conflict, the great weight of authority sustains the rule that alimony is not a "debt" within the meaning of such constitutional provision (19 C.J. 301; 17 Am. Jur. 445, Divorce and Separation, § 559), and this is the rule approved by this court in Gross v. Gross, 53 N.D. 480, 485, 206 N.W. 793, 795. And the rule established by the great weight of judicial authority is that a judgment for the support of an illegitimate child, rendered in an appropriate action against a man who in such action is adjudged to be the father of such child, is in no proper sense a debt within the constitutional provision against imprisonment for debt. Rich v. People, 66 Ill. 513; Re Wheeler, 34 Kan. 96, 8 P. 276; Musser v. Stewart, 21 Ohio St. 353; Lower v. Wallick, 25 Ind. 68; State v. Brewer, 38 S.C. 263, 16 S.E. 1001, 19 L.R.A. 362, 37 Am. St. Rep. 752; Ex parte Bridgforth, 77 Miss. 418, 27 So. 622, 78 Am. St. Rep. 532; Land v. State, 84 Ark. 199, 105 S.W. 90, 120 Am. St. Rep. 24; State v. Morgan, 141 N.C. 726, 53 S.E. 142; Coan v. State, 25 Ala. App. 62, 141 So. 262; 7 C.J. pp. 1003, 1004, § 150; 7 Am. Jur. 710-711, Bastards, § 133. Judgment affirmed.

  4. Bryant v. Bryant

    88 S.E. 147 (N.C. 1916)   Cited 6 times

    Probably he reared proceeding for bastardy; but that is a civil, not a criminal proceeding. S. v. Morgan, 141 N.C. 726; S. v. Addington, 143 N.C. 685. If the defendant had been pregnant by him he should have paid the legal charge of saving the county from maintaining the child, if he were not just enough to "make the defendant an honest woman" by marrying her. The plaintiff alleges "threats of personal violence" by the father if he did not make amends by marrying his daughter, which was but natural, as the plaintiff admits his misconduct.

  5. State v. Moore

    61 S.E. 463 (N.C. 1908)   Cited 3 times

    That portion of the sentence which authorizes the commissioners to work the respondent on the roads is erroneous and must be stricken out. A person sentenced to jail in a proceeding as for contempt cannot be worked on the roads. S. v. Morgan, 141 N.C. 726. The judgment as amended is

  6. State v. Addington

    57 S.E. 398 (N.C. 1907)   Cited 13 times

    S. v. Brown, 46 N.C. 129; Ward v. Bell, 52 N.C. 79; S. v. Edwards, 110 N.C. 511. This question is fully discussed in S. v. Morgan, 141 N.C. 726, and the conclusion reached that this part of the judgment is unwarranted. Whether the defendant can take the insolvent debtor's oath is also a question that is not presented.