Sparks v. . Sparks
Supreme Court of North Carolina
Petition for divorce and alimony pendente lite, heard before Henry, J., at Spring Term, 1873, of the Superior Court of Yancey county. The following facts are agreed, and are all that are pertinent to the point decided at this term: The plaintiff filed her complaint, alleging adultery, &e., and praying a divorce a mnculo matrimonii, and for alimony during the pendency of the suit.
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Petition for divorce and alimony pendente lite, heard before Henry, J., at Spring Term, 1873, of the Superior Court of Yancey county. The following facts are agreed, and are all that are pertinent to the point decided at this term: The plaintiff filed her complaint, alleging adultery, &e., and praying a divorce a mnculo matrimonii, and for alimony during the pendency of the suit. At the appearance term, the defendant having been served with process, the plaintiff moved the Court to allow her alimony pendente lite. Thereupon the defendant files an affidavit in which he swears that the issues…
1Opinion of the Court
Assuming that in any case a plea in bar of an action for divorce, to wit: "former judgment against the petition" put in on affidavit, at the appearance term, can be allowed the effect to defeat the petitioner's application for alimony, pending the action, which we are not prepared to admit; it cannot be allowed that effect in the present case. The issues in the former case were tried Spring Term, 1872, and the petitioner now avers, as new matter, that "the defendant is now and has been living with Nancy Reston in his house, in open adultery, and they live together as man and wife." This in…
2Cited by4 opinions
- Cram v. . CramSupreme Court of North Carolina · 1895
- White v. WhiteSupreme Court of North Carolina · 1920
- White v. . WhiteSupreme Court of North Carolina · 1920
- Cameron v. CameronSupreme Court of North Carolina · 1949