Jones v. . Jones
Supreme Court of North Carolina
Appeal by defendant from Goolce, J., at October Term, 1916, from PERSON. This is an appeal from the judgment of the Superior Court allowing the plaintiff alimony pendente lite and counsel fees, in ,an action for divorce from bed and board. The action was begun 18 September, 1916, the summons being returnable to October Term of Person, 1916, which began on 16 October. The complaint was filed Saturday, 14 October.
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Appeal by defendant from Goolce, J., at October Term, 1916, from PERSON. This is an appeal from the judgment of the Superior Court allowing the plaintiff alimony pendente lite and counsel fees, in ,an action for divorce from bed and board. The action was begun 18 September, 1916, the summons being returnable to October Term of Person, 1916, which began on 16 October. The complaint was filed Saturday, 14 October. On "Wednesday of October Term the plaintiff moved in open court for an allowance for .alimony pendente lite and counsel fees in accordance with the request in the complaint. The…
1Opinion of the CourtCiARic, C. J.
There was evidence to support the above findings of fact, and it cannot be questioned that upon such findings the judgment of tbe court is fully supported. Tbe cases of Everton v. Everton, 50 N. C., 202, and Miller v. Miller, 89 N. C., 402, cannot be deemed authority in tbis day, but even if they were, they would not authorize tbe reversal of tbe orders made by tbe judge in tbis ease. Indeed, tbe defendant’s counsel rest tbe appeal practically upon tbe proviso' in Revisal 1566, as follows: “Provided, that no order allowing alimony pendente lite shall be made unless tbe husband bad five days…
2Cases cited14 opinions
- State v. . RhodesSupreme Court of North Carolina · 1868
- Moore v. MooreSupreme Court of North Carolina · 1902
- Coor v. . SmithSupreme Court of North Carolina · 1890
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- Lea v. . LeaSupreme Court of North Carolina · 1889
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