Anderson v. Anderson
Supreme Court of North Carolina
Appeal by defendant from Allen, J., at chambers, 30 November, 1922, from Nash. Application by plaintiff for an allowance for subsistence, expenses, and counsel fees, as provided in C. S., 1667, as amended by ch. 123, Public Laws 1921. The plaintiff and the defendant were married on 10 June, 1919, and lived together until 14 June, 1921, when plaintiff alleged the defendant abandoned her and withdrew support.
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Appeal by defendant from Allen, J., at chambers, 30 November, 1922, from Nash. Application by plaintiff for an allowance for subsistence, expenses, and counsel fees, as provided in C. S., 1667, as amended by ch. 123, Public Laws 1921. The plaintiff and the defendant were married on 10 June, 1919, and lived together until 14 June, 1921, when plaintiff alleged the defendant abandoned her and withdrew support. His Honor held that in the absence of issuable facts the only question was the amount of such subsistence, expenses, and feés; and after hearing the evidence made an allowance to the…
1Opinion of the CourtAdams, J.
The defendant admits, not only his moral default in abandoning his wife, but as well his legal liability' to make suitable provision for her maintenance; but he insists that the judgment of the *142court contravenes established principles of law, and for this reason cannot be enforced. Against the validity of the judgment he interposes four objections:
1. The payments decreed are unwarranted and excessive.
2. Subjecting to a lien the defendant’s interest in land is without warrant of law.
3. The judgment violates Art. X, sec. 2, of the Constitution.
4. The defendant has only a defeasible fee in the…
2Cases cited7 opinions
- Reid v. . NealSupreme Court of North Carolina · 1921
- Matthews v. Fry.Supreme Court of North Carolina · 1906
- Cram v. . CramSupreme Court of North Carolina · 1895
- White v. WhiteSupreme Court of North Carolina · 1920
- Crews v. . CrewsSupreme Court of North Carolina · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Barber v. BarberSupreme Court of the United States · 1944
- Bagnall v. Iowa-Des Moines National Bank & Trust Co.Supreme Court of Iowa · 1947
- Dyer v. . DyerSupreme Court of North Carolina · 1937
- Bast v. BastMontana Supreme Court · 1923
- Barber v. . BarberSupreme Court of North Carolina · 1940
15 more not listed; retrieve them via the Exa API.