Williams v. Williams
Supreme Court of North Carolina
ON writ of certiorari, treated as iaa appeal by defendant to review the order of McLaughlin, J., signed July 20, 1963 in chambers in an action pending in Iredell. The plaintiff, .wife, instituted this action to. obtain a divorce from bad aod board. iShe .asked for both temporary 'and permanent alimony, ‘counsel fees, tihe custody of the two minor children of the marriage, and .an allowance for their support.
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ON writ of certiorari, treated as iaa appeal by defendant to review the order of McLaughlin, J., signed July 20, 1963 in chambers in an action pending in Iredell. The plaintiff, .wife, instituted this action to. obtain a divorce from bad aod board. iShe .asked for both temporary 'and permanent alimony, ‘counsel fees, tihe custody of the two minor children of the marriage, and .an allowance for their support. In the complaint and the two amendments thereto, she alleged that she and tbe defendant separated on August 8, 1961, resumed marital relations on July 15, 1962 and separated again on…
1Opinion of the CourtSharp, J.
Defendant’s assignments of error 1, 4, 5, .and 8 relate, in substance, to his Honor’s ruling that the deed of separation did not ¡constitute a valid plea in bar. A wife who, -in ¡a valid deed of separation, has released her husband from his -obligation .to support is remitted to her rights under the agreement. As long ¡ais the deed of separation stands uniimpeaiched, the court is without power to award her alimony ¡and counsel fees. Kiger v. Kiger, 258 N.C. 126, 128 S.E. 2d 235; Brown v. Brown, 205 N.C. 64, 169 S.E. 818. A resumption of -marital relations by the parties, however, will annul…
2Cases cited35 opinions
- De Brauwere v. . De BrauwereNew York Court of Appeals · 1911
- Pratt v. BishopSupreme Court of North Carolina · 1962
- Fuchs v. FuchsSupreme Court of North Carolina · 1963
- Hecht v. HechtSuperior Court of Pennsylvania · 1959
- Goodyear v. GoodyearSupreme Court of North Carolina · 1962
30 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Crosby v. CrosbySupreme Court of North Carolina · 1967
- Hudson v. HudsonSupreme Court of North Carolina · 1980
- Blackley v. BlackleySupreme Court of North Carolina · 1974
- Falls v. FallsCourt of Appeals of North Carolina · 1981
- Crutchley v. CrutchleySupreme Court of North Carolina · 1982
38 more not listed; retrieve them via the Exa API.