Legal Opinion

Cook v. . Cook

Supreme Court of North Carolina

Decided April 17, 1912PublishedCited by 21 opinions

Appeal from Peebles, J., at October Term, 1911, of Waee. Civil action for divorce a, mesna, etc. Tbe present action was instituted-26 August, 1911, and summons therein ivas personally served on defendant 1 September, 1911. Plaintiff filed her complaint to September Term, 1911, for divorce from bed and board on account of abandonment, “unlawfully and without just cause,” the complaint being accompanied by the formal affidavit required by the statute.

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Appeal from Peebles, J., at October Term, 1911, of Waee. Civil action for divorce a, mesna, etc. Tbe present action was instituted-26 August, 1911, and summons therein ivas personally served on defendant 1 September, 1911. Plaintiff filed her complaint to September Term, 1911, for divorce from bed and board on account of abandonment, “unlawfully and without just cause,” the complaint being accompanied by the formal affidavit required by the statute. Defendant thereupon answered, denying the alleged abandonment, and answered further, in bar of plaintiff’s right to maintain her action, that the…

1Opinion of the Court

CLARK, C. J., and WALKER, J., dissenting. Civil action for divorce a mesna, etc. The present action was instituted 26 August, 1911, and summons therein was personally served on defendant 1 September, 1911. Plaintiff filed her complaint to September Term, 1911, for divorce from bed and board on account of abandonment, "unlawfully and without just cause," the complaint being accompanied by the formal affidavit required by the statute. Defendant thereupon answered, denying the alleged abandonment, and answered further, in bar of plaintiff's right to maintain her action, that the defendant had…

2Cases cited13 opinions

  1. State ex rel. Craig v. DoughertySupreme Court of Missouri · 1870
  2. Rodney v. GibbsSupreme Court of Missouri · 1904
  3. Blackwell Durham Tobacco Co. v. McElweeSupreme Court of North Carolina · 1886
  4. Blackwell v. Dibbrell Bros. & Co.Supreme Court of North Carolina · 1889
  5. Hopkins v. Hopkins.Supreme Court of North Carolina · 1903

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3Cited by21 opinions

  1. Cameron v. CameronSupreme Court of North Carolina · 1952
  2. McDowell v. Blythe Bros. Co.Supreme Court of North Carolina · 1952
  3. Nowell v. NowellCourt of Appeals of Texas · 1966
  4. Gardner v. GardnerSupreme Court of North Carolina · 1978
  5. Dwiggins v. Parkway Bus Co.Supreme Court of North Carolina · 1949

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