Medlin v. . Medlin
Supreme Court of North Carolina
Action, beard on motion by feme defendant for an allowance of alimony and of $150 expense money, before Harding, J., at Spring Term, 1918, of UNION. Tbe principal action is for divorce a vinculo brought by the husband against the wife on account of her alleged adultery. Defendant answers and, under oath, denied the alleged adultery and also filed a cross-bill for divorce from bed and board on the alleged ground that plaintiff had maliciously turned her out of doors.
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Action, beard on motion by feme defendant for an allowance of alimony and of $150 expense money, before Harding, J., at Spring Term, 1918, of UNION. Tbe principal action is for divorce a vinculo brought by the husband against the wife on account of her alleged adultery. Defendant answers and, under oath, denied the alleged adultery and also filed a cross-bill for divorce from bed and board on the alleged ground that plaintiff had maliciously turned her out of doors. It appeared further that some time prior to the institution of the present suit the feme defendant had instituted an independent…
1Opinion of the Court
Hoke, J.,
after stating tbe ease: Under recognized principles, we must approve bis Honor’s ruling tbat no alimony can be allowed tbe defendant as an incident to ber cross-bill, on application for divorce from bed and board, because of ber being maliciously turned out of doors, and for tbe reason'given by bim tbat in a separate and independent action for alimony under section 1567 of Revisal, tbe facts involved in ber present bill bave been determined against tbe defendant and judgment entered denying ber alimony for support.
It is understood witb us tbat a suit for divorce because of being…
2Cases cited11 opinions
- Daviess v. FairbairnSupreme Court of the United States · 1845
- Rosin v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Waddill v. . MastenSupreme Court of North Carolina · 1916
- Beveridge v. LivingstoneCalifornia Supreme Court · 1879
- Reeves v. . ReevesSupreme Court of North Carolina · 1880
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3Cited by22 opinions
- Byers v. . ByersSupreme Court of North Carolina · 1943
- Byers v. ByersSupreme Court of North Carolina · 1943
- Holloway v. . HollowaySupreme Court of North Carolina · 1939
- Stanback v. StanbackSupreme Court of North Carolina · 1967
- McManus v. . McManusSupreme Court of North Carolina · 1926
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