Taylor v. . Taylor
Supreme Court of North Carolina
Divorce — A mensa et thoro — Suffieieney of Euidenee. Civil ActioN for Divorce a mensa et thoro, brought by the plaintiff against the defendant and tried at Spring Term, 1876, of ITeb,tk>R,d Superior Court, before Moore, J. Upon the facts in the cRse, which are sufficiently stated in the opinion, ITis Honor held that admitting them to-be true they did not constitute a sufficient cause for Divorce a men-sa et thoro, and thereupon the plaintiff submitted to anon-suit and…
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Divorce — A mensa et thoro — Suffieieney of Euidenee. Civil ActioN for Divorce a mensa et thoro, brought by the plaintiff against the defendant and tried at Spring Term, 1876, of ITeb,tk>R,d Superior Court, before Moore, J. Upon the facts in the cRse, which are sufficiently stated in the opinion, ITis Honor held that admitting them to-be true they did not constitute a sufficient cause for Divorce a men-sa et thoro, and thereupon the plaintiff submitted to anon-suit and appealed.
1Opinion of the CourtBynum, J.
This is an action for divorce a mensa et thoro, or as it is called in the English law, a judicial separation. Eor although the prayer of the complaint is for a divorce from the bonds of matrimony, there are no facts set forth in the complaint which would entitle the plaintiff to that relief, and the case will therefore be considered under the prayer for general relief as an action for divorce from bed and board; for in this light only was the ease considered and tried.
The action is brought under the 5th section of chapter 37 of Battle’s Revisal, which is in 1hese words ; “The Superior Courts…
2Cited by8 opinions
- Jackson v. . JacksonSupreme Court of North Carolina · 1890
- White v. . WhiteSupreme Court of North Carolina · 1881
- Barwick v. . BarwickSupreme Court of North Carolina · 1947
- Sanders v. SandersSupreme Court of North Carolina · 1911
- Sanders v. . SandersSupreme Court of North Carolina · 1911
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