Wood v. . Wood
Supreme Court of North Carolina
Motions in a Divorce Canse, heard before Warren J, at a Special Term of the Superior Court of Wayne, held upon the 1st Monday of January 1868. The petition was for a divorce from the bonds of matrimony, and at a previous Term alimony pendentelite had been granted. The defendant having failed to comply with the order was, after a full hearing, at Rail Term 1867 adjudged to be in contempt, and was thereupon committed.
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Motions in a Divorce Canse, heard before Warren J, at a Special Term of the Superior Court of Wayne, held upon the 1st Monday of January 1868. The petition was for a divorce from the bonds of matrimony, and at a previous Term alimony pendentelite had been granted. The defendant having failed to comply with the order was, after a full hearing, at Rail Term 1867 adjudged to be in contempt, and was thereupon committed. At the Special Term the divorce cause was tried, and decided against the petitioner. Thereupon the defendant moved that the order allowing alimony, and the order committing him…
1Opinion of the Court
Battle J.
The alimony which the court is authorized by the 15th section of the 40th chapter of the Revised Code to decree to the petitioner for the support of herself and her family, at any time during the pendency of a suit for divorce, cannot be regarded in any other light than as a debt. It is a certain sum of money which the court ascertains and orders to be paid by the husband to the supposed-to-be-injured wife, not only to enable her to live, but to furnish her with the means for prosecuting her suit. It is therefore a debt of record, the payment of which the court may enforce either by…
2Cited by6 opinions
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- Walker v. . WalkerSupreme Court of North Carolina · 1933
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