Reeves v. . Reeves
Supreme Court of North Carolina
Civil Action for Divorce, tried at Fall Term, 1879, of Montgomery Superior Court, before Buxton, J. The feme defendant in this ease applied for alimony pen-dente lite, by a motion in the cause, notice being waived by the plaintiff. The plaintiff moved to dismiss the application, for that, the law authorized the allowance of alimony only in a case where ,the feme was plaintiff, and if allowed at all here, it must be upon special proceeding commenced by summons.
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Civil Action for Divorce, tried at Fall Term, 1879, of Montgomery Superior Court, before Buxton, J. The feme defendant in this ease applied for alimony pen-dente lite, by a motion in the cause, notice being waived by the plaintiff. The plaintiff moved to dismiss the application, for that, the law authorized the allowance of alimony only in a case where ,the feme was plaintiff, and if allowed at all here, it must be upon special proceeding commenced by summons. The court refused the plaintiff's motion, and made an order for alimony, from, which the plaintiff appealed.
1Opinion of the CourtAshe, J.
There are but two points presented by the appeal : First, Whether a- feme defendant is entitled to alimony pendente lite, in a petition for divorce; secondly, Whether an application for such alimony must be made by a special proceeding or by a motion in the cause.
The first act of our legislature on the subject of divorces was the act of 1814, which contains an enumeration of the causes for which a divorce may be had,, either from the bonds of matrimony or from bed and board, and provides that in either case when the decree is in favor of the wife upon-her petition, the court shall have power…
2Cases cited1 opinion
- Webber v. . WebberSupreme Court of North Carolina · 1878
3Cited by15 opinions
- Brown v. BrownSuperior Court of Delaware · 1942
- Holloway v. . HollowaySupreme Court of North Carolina · 1939
- White v. WhiteSupreme Court of North Carolina · 1920
- Skittletharpe v. Skittletharpe.Supreme Court of North Carolina · 1902
- Medlin v. . MedlinSupreme Court of North Carolina · 1918
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