Archbell v. Archbell
Supreme Court of North Carolina
Appeal from. Cline, J., at December Term, 1911, of Beau-FORT. Civil action for divorce from bed and board. In the complaint the plaintiff by proper averment alleged cruelties and ill-treatment, entitling her to divorce a mesna, etc.; alleged further, ownership of an amount, real and personal, of property by defendant, and that he was an able-bodied man, capable of earning good wages, etc.
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Appeal from. Cline, J., at December Term, 1911, of Beau-FORT. Civil action for divorce from bed and board. In the complaint the plaintiff by proper averment alleged cruelties and ill-treatment, entitling her to divorce a mesna, etc.; alleged further, ownership of an amount, real and personal, of property by defendant, and that he was an able-bodied man, capable of earning good wages, etc. Defendant answered, denying all allegations of cruelty and set up counterclaim for divorce by reason of wrongful abandonment by plaintiff, and denied the ownership of any real property whatever, alleging…
1Opinion of the Court
HoKe, J.,
after stating the case: In Collins v. Collins, 62 N. C., 153, the Court made definite decision “that articles of separation between husband and wife, whether entered into before or after separation, were against law and public policy and therefore void.” Since that decision was rendered in 1867, our statutes 'upon “Marriage and Marriage Settlements and Contracts of Married Women,” as entitled in The Code of 1883 and contained with amendments in Revisal 1905, ch. 51, have made such distinct recognition of deeds of this character, more especially in Revisal, secs. 2116, 2108, 2107,…
2Cases cited17 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Jones v. CliftonSupreme Court of the United States · 1880
- Walker v. Walker'sSupreme Court of the United States · 1870
- Beal v. ChaseMichigan Supreme Court · 1875
- Smith v. . KingSupreme Court of North Carolina · 1890
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3Cited by49 opinions
- Davis v. DavisSupreme Court of North Carolina · 1967
- David G. Gray, Trustee in Bankruptcy for Jerald M. Snyder v. Irma H. SnyderCourt of Appeals for the Fourth Circuit · 1983
- Haile v. HaleSupreme Court of Oklahoma · 1913
- Wilson v. WilsonSupreme Court of North Carolina · 1964
- Kiger v. KigerSupreme Court of North Carolina · 1962
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