White v. White
Supreme Court of North Carolina
Appeal by plaintiff from Webb, J., at chambers, September Term, 1919, from Mitchell. In February, 1914, the plantiff brought two suits against the defendant, one for divorce a mesna et ihoro and alimony, and the other for the purpose of declaring the defendant a trustee, holding the title to certain land for plaintiff. Both actions were brought at the same time, and the return term was April Term, 1914, of Mitchell.
Read the full summary
Appeal by plaintiff from Webb, J., at chambers, September Term, 1919, from Mitchell. In February, 1914, the plantiff brought two suits against the defendant, one for divorce a mesna et ihoro and alimony, and the other for the purpose of declaring the defendant a trustee, holding the title to certain land for plaintiff. Both actions were brought at the same time, and the return term was April Term, 1914, of Mitchell. The defendant could not be found in the State, and service in both actions was made by publication. At July Term, 1914, the plaintiff obtained a judgment in the one case of $500…
1Opinion of the CourtClark, C. J.
The cases being between the same parties, and the facts as to both being substantially similar, they can be treated as one in this appeal.
In the first ease, the wife, Josephine White, brought an action against her husband, the defendant, Charles H. WTiite, for divorce a mensa et thoro and alimony. Upon inspection of the record, the proceeding was regular and according to the course and practice of the Court in every particular. It appearing upon affidavit that the defendant could not after due diligence be found in this State, and that a cause of action existed against the defendant for…
2Cases cited14 opinions
- Heidritter v. Elizabeth Oil-Cloth Co.Supreme Court of the United States · 1884
- Vick v. . FlournoySupreme Court of North Carolina · 1908
- Bailey v. Bailey.Supreme Court of North Carolina · 1900
- Turner v. Threshing MacHine Co.Supreme Court of North Carolina · 1903
- Reeves v. . ReevesSupreme Court of North Carolina · 1880
9 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Byers v. . ByersSupreme Court of North Carolina · 1943
- Byers v. ByersSupreme Court of North Carolina · 1943
- Anderson v. AndersonSupreme Court of North Carolina · 1922
- Barber v. . BarberSupreme Court of North Carolina · 1940
- McGuinn v. . High PointSupreme Court of North Carolina · 1940
21 more not listed; retrieve them via the Exa API.