Simmons v. . Simmons
Supreme Court of North Carolina
Petition for divorce a vinculo and for alimony. The petition was filed to the Spring Term, 1866, of Watauga Court of Equity. It stated various acts of adultery and of desertion upon the part of the defendant; but instead of alleging these things directly, frequently repeated the expression, “ your petitioner weiüd show,” &c.
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Petition for divorce a vinculo and for alimony. The petition was filed to the Spring Term, 1866, of Watauga Court of Equity. It stated various acts of adultery and of desertion upon the part of the defendant; but instead of alleging these things directly, frequently repeated the expression, “ your petitioner weiüd show,” &c. The record transmitted to this court stated, among other things : “ A.t this term of the court the petition was presented to the Judge, and his fiat Cnade] that process issue to the defendant. The petition was then filed in court, and amotion made that alimony pendente…
1Opinion of the CourtReade, J.
In the case before us the petitioner came into court and read her petition to the Judge, and he “ ordered that process issue to the defendant.” “The petition was then filed, and a motion made for alimony,” which was allowed. The defendant being present, but not having been served with process, nor yet entering an appearance, was allowed by the court to object to its power to decree alimony at that stage of the proceedings. But his Honor being of opinion that he had the power, allowed alimony, and ordered execution to issue for the same. The defendant prayed for, and obtained an appeal.
The…
2Cited by3 opinions
- Pettigrew v. . McCoinSupreme Court of North Carolina · 1914
- Pettigrew v. . McCoinSupreme Court of North Carolina · 1914
- Pettigrew v. . McCoinSupreme Court of North Carolina · 1914