Muse v. . Muse
Supreme Court of North Carolina
Civil Action for di-varce ee vinculo matrimonii fried aft Pall Term,. 1879; of Ca&abj&us- Superior Court, before Bux-ton, J. The plaintiff brings- this action for a- divorce, and in his-complaint alleges that the defendant,, hi's wife, has been* guilty of adultery.
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Civil Action for di-varce ee vinculo matrimonii fried aft Pall Term,. 1879; of Ca&abj&us- Superior Court, before Bux-ton, J. The plaintiff brings- this action for a- divorce, and in his-complaint alleges that the defendant,, hi's wife, has been* guilty of adultery. His wife in her answer denies every allegation of her gúilt, and in túrn charges the plaintiff with having abandoned'her in the month of February, 1877,. since which time he has in no wise contributed to the support of herself, or children (of whom there are five, all infants) ; that by dint of great industry and the aid of friendo…
1Opinion of the CourtEufpI'N, J.
We see no error iti the order complained of) and certainly none for the reason assigned. Why inquire' into his property and its value, when he admits he has-none ?•
A husband is not excused from the maintenance .of bis wife because be lacks an -estate. He must labor if need be for her support.; and if reluctant, it is fortunate that it happens, as in this instance, that he may be compelled to do so.
If His Honor ¡had fixed the -wife’s allowance at such ;a sum as to leave .any doubt-as to the .ability of the plaintiff rfairly to earn the amount,..and.at the same time provide for bis own…
2Cited by11 opinions
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- Smith v. . SmithSupreme Court of North Carolina · 1945
- Smith v. SmithSupreme Court of North Carolina · 1945
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