Legal Opinion

Bidwell v. Bidwell.

Supreme Court of North Carolina

Decided October 31, 1905PublishedCited by 21 opinions

AotioN by Ella J. Bidwell against Geo. H. Bidwell, heard by Judge Walter H. Neal and a jury, at the February Term, 1905, of the Superior Court of Wake County. From a judgment of nonsuit, the plaintiff appealed. This was a civil action under section 1292 of The Code, to recover for support and maintenance of. plaintiff and her minor child.

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AotioN by Ella J. Bidwell against Geo. H. Bidwell, heard by Judge Walter H. Neal and a jury, at the February Term, 1905, of the Superior Court of Wake County. From a judgment of nonsuit, the plaintiff appealed. This was a civil action under section 1292 of The Code, to recover for support and maintenance of. plaintiff and her minor child. Plaintiff alleged that plaintiff and defendant were man and wife; that defendant had unlawfully abandoned plaintiff, and failed to provide reasonable subsistence for plaintiff and her minor child, though fully able to do so. Defendant answered, denying that…

1Opinion of the Court

Hoke, J.,

after stating tbe case: On the facts presented for our consideration, the right of the plaintiff to the relief demanded, depends on whether the plaintiff and defendant are now husband and wife. Skittletharpe v. Skittletharpe, 130 N. C., 72. It will be noted that the plaintiff in her reply assails the validity of the North Dakota decree, first for lack of jurisdiction, and second, for that the same was obtained by fraud. and duress. Eut no such impeaching allegations are made against the proceedings and decree of the court of Massachusetts. This being true, we are of opinion that the…

2Cases cited13 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Andrews v. AndrewsSupreme Court of the United States · 1903
  3. Atherton v. AthertonSupreme Court of the United States · 1901
  4. Jones v. . JonesNew York Court of Appeals · 1888
  5. Mohler v. Estate of ShankSupreme Court of Iowa · 1895

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3Cited by21 opinions

  1. Haddock v. HaddockSupreme Court of the United States · 1906
  2. Perkins v. Benguet Consolidated Mining Co.California Court of Appeal · 1942
  3. Kenner v. KennerTennessee Supreme Court · 1917
  4. Brandon v. BrandonSupreme Court of Georgia · 1922
  5. Union Bank & Trust Co. v. GordonCalifornia Court of Appeal · 1953

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