Legal Opinion

Beall v. Beall

Court of Appeals of North Carolina

Decided November 5, 1975No. 7518DC279PublishedCited by 3 opinions

Appeal by defendant from Fowler, Judge. Judgment entered 13 December 1974 in District Court, Guilford County. Heard in the Court of Appeals 10 June 1975. Plaintiff wife brought an action for divorce from bed and board and alimony against her husband. The case was tried without a jury. This Court is not interested in recounting the sordid evidence adduced at the hearing.

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Appeal by defendant from Fowler, Judge. Judgment entered 13 December 1974 in District Court, Guilford County. Heard in the Court of Appeals 10 June 1975. Plaintiff wife brought an action for divorce from bed and board and alimony against her husband. The case was tried without a jury. This Court is not interested in recounting the sordid evidence adduced at the hearing. Generally, plaintiff testified that defendant had assaulted her, questioned her femininity, made derogatory remarks about her, and mistreated the parties’ four children. Defendant testified that plaintiff had been cold and…

1Opinion of the Court

BROCK, Chief Judge.

Defendant has brought forward thirty-six assignments of error, consolidated into twenty-eight arguments for this appeal. Most of these arguments are without merit and are simply an attempt to reargue the evidence adduced at the hearing, apparently with the hope that this Court will substitute itself for the trial court and will accept defendant’s version of the evidence. It is well known that findings of fact are conclusive and binding on appeal if there is any competent evidence to support them. This principle applies with particular force in alimony cases where the…

2Cases cited1 opinion

  1. Austin v. AustinCourt of Appeals of North Carolina · 1971

3Cited by3 opinions

  1. Beall v. BeallSupreme Court of North Carolina · 1976
  2. Smithwick v. FrameCourt of Appeals of North Carolina · 1983
  3. Gardner v. GardnerCourt of Appeals of North Carolina · 1979

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