Hodges v. . Hodges
Supreme Court of North Carolina
PETITION for Divorce tried at Spring Term, 1879, of Halifax Superior Court, before Bure, J. The plaintiff at spring term, 1876, of Halifax superior court, by her petition duly verified and charging the defendant, her husband, with desertion and adultery, applied for a decree of divorce from the bonds of matrimony, and if not entitled thereto, from bed and board and for alimony.
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PETITION for Divorce tried at Spring Term, 1879, of Halifax Superior Court, before Bure, J. The plaintiff at spring term, 1876, of Halifax superior court, by her petition duly verified and charging the defendant, her husband, with desertion and adultery, applied for a decree of divorce from the bonds of matrimony, and if not entitled thereto, from bed and board and for alimony. At the same term the prayer for divorce or separation was withdrawn, and a motion was made, upon the allegations contained in her petition, for an allowance for her reasonable support pending the application. The judge…
1Opinion of the CourtSmith, C. J.
After the decision in Wilson v. Wilson, 2 Dev. & Bat., 377, (at June term, 1837,) declaring that the “courts are not authorized to make allowances for alimony before the complaint of the wife shall be finally tried,” the act of 1852, ch. 53, was passed conferring the power in express terms. Revised Code, ch. 39, § 15. This act provides that “ in all petitions for divorce and alimony, or for alimony, when the matter set forth in such petition shall be sufficient to entitle the petitioner to a decree for alimony, the court may, in its discretion, at any time pending the suit, decree such…
2Cited by4 opinions
- In re DoleHawaii Supreme Court · 1903
- Crews v. . CrewsSupreme Court of North Carolina · 1918
- Morris v. . MorrisSupreme Court of North Carolina · 1883
- Allen v. AllenSupreme Court of North Carolina · 1920