Sanderson v. . Sanderson
Supreme Court of North Carolina
Appeal by defendant from Calvert, J., at tbe September Term, 1919,. of RobesoN. Tbis action was instituted by plaintiff to obtain a divorce from bis wife, tbe defendant, on account of ten years separation.
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Appeal by defendant from Calvert, J., at tbe September Term, 1919,. of RobesoN. Tbis action was instituted by plaintiff to obtain a divorce from bis wife, tbe defendant, on account of ten years separation. Tbe defendant answered and did not deny tbe separation, but set up tbat tbe same was. caused by tbe cruel and inhuman treatment tbat she bad received from tbe plaintiff, and tbat she was tbe injured party in such separation, and. tbat the plaintiff ought not to be allowed to obtain a divorce from her and escape tbe marital obligation on account of bis own wrong. These' facts are established…
1Opinion of the CourtAlleN, J.
Tbe appeal of tbe defendant presents tbe question for-decision of the right of tbe husband to a divorce on tbe ground of a separation for ten years, when the separation has been brought about by bis abandonment of bis wife or by forcing her to leaA^e him by bis. own misconduct.
Tbe Consolidated Statutes, which went into effect. 1 August, 1919 (Pub. Laws 19T9, cb. 238, sec. 8), provides, in chapter 30, section 5, tbat “marriages may be dissolved and tbe parties thereto divorced from tbe bonds of matrimony, on application of the party injured, in the-following cases:”
1. If tbe husband commits…
2Cases cited9 opinions
- Cooke v. CookeSupreme Court of North Carolina · 1913
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