Dickinson v. . Dickinson
Supreme Court of North Carolina
From Beaufort. This was a petition filed under the act of 1814, ch. 5, piaying for a divorce a vinculo matrimonii or a mensa ct thoro at the discretion of the Court. To support the first prayer, the petition charged that the Defendant had separated himself from the petitioner and lived in a state of adultery in the year 1812 or 1813, for the space of six months ■; and the Jury, upon an issue submitted to them, found this charge to he true.
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From Beaufort. This was a petition filed under the act of 1814, ch. 5, piaying for a divorce a vinculo matrimonii or a mensa ct thoro at the discretion of the Court. To support the first prayer, the petition charged that the Defendant had separated himself from the petitioner and lived in a state of adultery in the year 1812 or 1813, for the space of six months ■; and the Jury, upon an issue submitted to them, found this charge to he true. To support the second prayer, .the petition charged the Defendant with cruel treatment to the petitioner, and with having offered to her person intolerable…
1Opinion of the Court
Tayxok, Chief-Justice,
delivered the opinion of the Court:
The act of 1814, ch. 5, is the only law which gives authority to the Courts to take cognizance of the subject of divorce. The first section of that act authorises the Court to decree a divorce from bed and board, or from the bonds of matrimony, at the discretion of the Court, on proof of natural impotence, or that either party has separated ’•' or herself from the other, and is living in Adultery. , a subsequent section authorises the Court to deert divorce from bed and board, in cases where the hush either abandons his family,…
2Cases cited1 opinion
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