Scoggins v. . Scoggins
Supreme Court of North Carolina
Civil Action for Divorce a mensa et thoro heard on motion in the cause at Spring Term, 1878, of Rutherford Superior Court, before Cox, J. This was a motion by the plaintiff at the appearance term for alimony ‘pendente lite and for the custody of the children of the marriage.
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Civil Action for Divorce a mensa et thoro heard on motion in the cause at Spring Term, 1878, of Rutherford Superior Court, before Cox, J. This was a motion by the plaintiff at the appearance term for alimony ‘pendente lite and for the custody of the children of the marriage. The alleged cause of divorce was cruel treatment on the part of the defendant, the complaint setting out the nature of and specifying the occasions when the several acts of cruelty were perpetrated; notably that on or about the last of January or first of February last, one of the children of the parties was seriously…
1Opinion of the CourtAshe, J.
In an action for divorce where the wife applies for alimony out of the estate of her husband pendente lite, the court can look only to the complaint, and will make the allowance when the facts set forth in it are sufficient to warrant the judgment of divorce.
One of the requirements of the statute empowering the courts to decree a divorce either a vinculo matrimonii or a mensa et thoro, is that it should be stated in the affidavit of the plaintiff filed with the complaint, that the facts set forth in the complaint, as grounds for divorce, have existed to her knowledge at least six months prior…
2Cited by4 opinions
- Harding v. HardingIllinois Supreme Court · 1892
- In re MorganSupreme Court of Missouri · 1893
- English v. EnglishSupreme Court of New Jersey · 1880
- Scoggins v. . ScogginsSupreme Court of North Carolina · 1881