Legal Opinion

Moody v. . Moody

Supreme Court of North Carolina

Decided February 5, 1896PublishedCited by 9 opinions

AdRltoatioN FOR alimoNY pendente lite, heard by Lob-insón, J., upon affidavits and motion of defendant to dismiss, at Fall Term, 1895, of Macon Superior Court. The facts are sufficiently stated in the opinion. Defendant appealed.

1Opinion of the Court

Faircloth, C. J.:

This is an action for divorce and alimony pendente lite. The summons was issued September 0, 1895, by the clerk of Macon county superior court, N. C., directed to the sheriff of that county. The only return is “served September 9, 1895,” by one Dockins, sheriff of Robun county, Georgia. There was no attempt to show service by publication nor in the manner prescribed by Act 1891, Ch. 120. The defendant, on the return day, made a special appearance, and moved to dismiss the action for want of service, to which he was then entitled, but without filing exception to the refusal to…

2Cases cited3 opinions

  1. Lassiter v. . LassiterSupreme Court of North Carolina · 1885
  2. Morris v. . MorrisSupreme Court of North Carolina · 1883
  3. Griffith v. . GriffithSupreme Court of North Carolina · 1883

3Cited by9 opinions

  1. Williams v. WilliamsSupreme Court of North Carolina · 1964
  2. White v. WhiteSupreme Court of North Carolina · 1920
  3. McManus v. . McManusSupreme Court of North Carolina · 1926
  4. Moore v. . MooreSupreme Court of North Carolina · 1923
  5. White v. . WhiteSupreme Court of North Carolina · 1920

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