Page v. . Page
Supreme Court of North Carolina
Appeal by defendants from Foushee, J., at April Term, 1912, of Polk. This is an action for divorce a mema et thoro, and was before the court below at the last term, on a motion for alimony pen-dente lite, which was heard upon the complaint and answer, read as affidavits, and also upon oral testimony taken before the court. The judge announced that in considering the matter he would accept the defendant’s testimony as true, and we will so treat it in this Court.
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Appeal by defendants from Foushee, J., at April Term, 1912, of Polk. This is an action for divorce a mema et thoro, and was before the court below at the last term, on a motion for alimony pen-dente lite, which was heard upon the complaint and answer, read as affidavits, and also upon oral testimony taken before the court. The judge announced that in considering the matter he would accept the defendant’s testimony as true, and we will so treat it in this Court. Before the taking of testimony had closed, the defendant’s counsel stated that he had a number of witnesses present in court, by whom…
1Opinion of the Court
Walker, J.,
after stating the case: The facts found by the court bear a very different aspect when read in connection with the testimony of the defendant. The court has acquitted the defendant of any intended wrong, and when all of the facts are considered, he was guilty of no wrong at all. The true significance of the facts, as found by the court, does not appear until we have heard all of the defendant’s version, which we are to consider as true, according to the ruling of the court. The parties had lived together as man and wife for many years, and they had two children of their marriage,…
2Cases cited7 opinions
- Steel v. . SteelSupreme Court of North Carolina · 1889
- Setzer v. Setzer.Supreme Court of North Carolina · 1901
- Setzer v. Setzer.Supreme Court of North Carolina · 1901
- Tew v. . TewSupreme Court of North Carolina · 1879
- Whittington v. . WhittingtonSupreme Court of North Carolina · 1836
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3Cited by13 opinions
- Byers v. . ByersSupreme Court of North Carolina · 1943
- Byers v. ByersSupreme Court of North Carolina · 1943
- In Re MeansSupreme Court of North Carolina · 1918
- Taylor v. . TaylorSupreme Court of North Carolina · 1945
- Page v. . PageSupreme Court of North Carolina · 1914
8 more not listed; retrieve them via the Exa API.