Sanders v. Sanders
Supreme Court of North Carolina
Appeal from Justice, J., at April Term, 1911, of Unioít. Civil action to obtain a divorce from bed and board, instituted by tbe wife against tbe husband, beard on motion for alimony pendente lite.
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Appeal from Justice, J., at April Term, 1911, of Unioít. Civil action to obtain a divorce from bed and board, instituted by tbe wife against tbe husband, beard on motion for alimony pendente lite. Tbe court having duly considered tbe case on tbe complaint properly verified, with affidavits supplementary thereto, and a verified answer used as an affidavit by defendant, made full and extended findings of fact sufficient to sustain an order for alimony and to justify a divorce a, mensa if established at tbe bearing, and thereupon made an order allowing alimony pendente lite, and defendant…
1Opinion of the Court
Hoke, J.,
after stating tbe case: It was chiefly objected to tbe validity of bis Honor’s order, “that it was based mainly upon illegal evidence, in that tbe court considered alleged facts within six months of tbe institution of the suit.” In our view, there are facts found by bis Honor anterior to tbe six months and on relevant testimony amply sufficient to justify tbe order allowing plaintiff alimony; but, apart from this, tbe ordinary jurisdictional affidavit of plaintiff annexed to tbe complaint contains tbe additional averment, “that plaintiff is informed and believes that defendant is…
2Cases cited4 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Jackson v. . JacksonSupreme Court of North Carolina · 1890
- Taylor v. . TaylorSupreme Court of North Carolina · 1877
- Gaylord v. . GaylordSupreme Court of North Carolina · 1858
3Cited by7 opinions
- Jones v. . JonesSupreme Court of North Carolina · 1917
- Hall v. MabeCourt of Appeals of North Carolina · 1985
- Sanders v. . SandersSupreme Court of North Carolina · 1914
- Barwick v. . BarwickSupreme Court of North Carolina · 1947
- Presson v. PressonCourt of Appeals of North Carolina · 1971
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