Brooks v. . Brooks
Supreme Court of North Carolina
Appeal by defendant from Grady, Emergency Judge, at September Term, 1945, of Wake. The plaintiff brought this ease under G. S., 50-16, for alimony without divorce.
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Appeal by defendant from Grady, Emergency Judge, at September Term, 1945, of Wake. The plaintiff brought this ease under G. S., 50-16, for alimony without divorce. She complains that she and the defendant were married about twenty years before the commencement of the action, and that during that time and “throughout the married life of the plaintiff and the defendant the plaintiff has been a true, faithful and dutiful wife, and has done everything within her power to make her marriage to the defendant a success and to make their home a happy one.” Two daughters were born to the marriage,…
1Opinion of the CourtSea well, J.
Tbe appeal challenges tbe validity of tbe order allowing to tbe plaintiff support and counsel fees pendente lite. Objection is advanced on tbe theory that tbe action is brought under and based entirely on G. S., 50-7 (4) — a subsection of tbe statute relating to divorce from bed and board, which names as one of tbe grounds for such divorce “such indignities to tbe person of tbe other as tp render bis or her condition intolerable and life burdensome.” It is pointed out as a fatal defect in tbe pleading that plaintiff does not, in particularizing tbe acts or misconduct of tbe defendant said to…
2Cases cited11 opinions
- McManus v. . McManusSupreme Court of North Carolina · 1926
- Jackson v. . JacksonSupreme Court of North Carolina · 1890
- Carnes v. . CarnesSupreme Court of North Carolina · 1933
- Pollard v. . PollardSupreme Court of North Carolina · 1942
- Jones v. . JonesSupreme Court of North Carolina · 1917
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Cameron v. CameronSupreme Court of North Carolina · 1952
- Caddell v. CaddellSupreme Court of North Carolina · 1953
- Bailey v. BaileySupreme Court of North Carolina · 1956
- Pruett v. PruettSupreme Court of North Carolina · 1957
- Murphy v. MurphySupreme Court of North Carolina · 1964
13 more not listed; retrieve them via the Exa API.