Webber v. . Webber
Supreme Court of North Carolina
Civil ActioN, for Divorce tried at Spring Term, 1878, of Edgecombe Superior Court, before Henry, J. The plaintiff alleged that defendant was guilty of adultery, which was denied by the defendant who also alleged -that plaintiff was guilty of cruel and inhuman treatment towards her, and upon that ground she demanded judgment for a divorce from bed and board; and thereupon she .moved for alimony pendente lite.
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Civil ActioN, for Divorce tried at Spring Term, 1878, of Edgecombe Superior Court, before Henry, J. The plaintiff alleged that defendant was guilty of adultery, which was denied by the defendant who also alleged -that plaintiff was guilty of cruel and inhuman treatment towards her, and upon that ground she demanded judgment for a divorce from bed and board; and thereupon she .moved for alimony pendente lite. This motion was resisted by plaintiff, for that, the Court had no power under the statute to allow defendant a sum of money for alimony and expenses of the action. His Honor held…
1Opinion of the Court
Rodmaít, J.
The only question now before this Court is áis to the legality of the order made by the Judge in the Superior Court, requiring the plaintiff to pay $40 per month thereafter to be used by the defendant in paying the expenses of her defence and for her subsistence, during the pendency of the action or until otherwise ordered.
The claim of a wife to alimony under the circumstances existing in this case depends on the proper construction of § 38 of ch. 193 of the acts of 1871-’72 (Bat. Rev., ch. 37, § 10). This section says in brief: If any married woman shall apply to a Court for…
2Cited by14 opinions
- In re DoleHawaii Supreme Court · 1903
- Hiss v. HissSupreme Court of Connecticut · 1949
- Holloway v. . HollowaySupreme Court of North Carolina · 1939
- Medlin v. . MedlinSupreme Court of North Carolina · 1918
- Reeves v. . ReevesSupreme Court of North Carolina · 1880
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