Whittington v. . Whittington
Supreme Court of North Carolina
This was a petition for a divorce, filed by the plaintiff, as husband, against the defendant, his wife, on account of the adultery of the wife. The petition was filed the 11th day of March, 1833, and stated, that the marriage took place in 1823, the petitioner then being in his eighteenth year, and the wife about twelve years older.
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This was a petition for a divorce, filed by the plaintiff, as husband, against the defendant, his wife, on account of the adultery of the wife. The petition was filed the 11th day of March, 1833, and stated, that the marriage took place in 1823, the petitioner then being in his eighteenth year, and the wife about twelve years older. It then alleged, that the parties cohabited for about thirty days, W'hen the wife went away, upon the pretence that the plaintiff did not feed her cattle well; and remained absent for two or three years; and during that time had issue, which the plaintiff believed…
1Opinion of the Court
Ruffin, Chief Justice,
having stated the case as above, proceeded: — The decree in the Superior Court appears to us to have been required by our statutes concerning divorces ; and the particular ground on which it is placed to be in accordance with the principles of sound policy and public morals.
If the case were a proper one for relief of a different kind from that which the plaintiff asked, he cannot complain that it was not granted, but that his petition was dismissed. In the first place, the prayer of the libel is specifically for a dissolution of the marriage, and for that only. In the…
2Cited by8 opinions
- Byers v. . ByersSupreme Court of North Carolina · 1943
- Byers v. ByersSupreme Court of North Carolina · 1943
- Ladd v. . LaddSupreme Court of North Carolina · 1897
- Page v. . PageSupreme Court of North Carolina · 1912
- Sanderson v. . SandersonSupreme Court of North Carolina · 1919
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