Legal Opinion · Dissent

Allen v. Allen

Supreme Court of North Carolina

Decided December 1, 1920Published

Appeal by defendant from order of Bay, J., on 10 May, 1920, from BoCKINGHAM. This is a proceeding commenced under cb. 24 of tbe Public Laws of 1919, amendatory of sec. 1567 of tbe Eevisal, for tbe purpose of securing to tbe plaintiff subsistence for berself and children, together with counsel fees. From an order allowing subsistence and counsel fees, made by bis Honor, Judge Bay, in the- Superior Court of Boekingham County, tbe defendant appeals.

1Dissent

AlleN, . J.,

dissenting: This is an action by tbe wife against tbe husband for support without divorce, brought under sec. 1567 of tbe Revisal, as amended by cb. 24 of tbe Laws of 1919.

After tbe action was commenced tbe plaintiff moved upon notice for an. order' for support and counsel fees, wbicb motion was supported by tbe affidavit of tbe plaintiff alleging various acts of cruelty and mistreatment, failure of support by the defendant, and abandonment.

■ At tbe time wben tbe motion was returnable tbe defendant was not able to be present, and upon request tbe motion was continued to a future…

2Cases cited3 opinions

  1. Skittletharpe v. Skittletharpe.Supreme Court of North Carolina · 1902
  2. Crews v. . CrewsSupreme Court of North Carolina · 1918
  3. Hodges v. . HodgesSupreme Court of North Carolina · 1880

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