Shearer v. Shearer
Supreme Court of South Carolina
Before Wieson, J., chambers, Manning, S. C., June 6. Action brought in the Common Pleas Court, of Sumter county, for Virginia Shearer against Lee Shearer. Prom an order granting temporary alimony and attorney’s fees, defendant appeals. cite: As to the law governing the allowance of alimony: 91 S. C. 245; 10 Rich.
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Before Wieson, J., chambers, Manning, S. C., June 6. Action brought in the Common Pleas Court, of Sumter county, for Virginia Shearer against Lee Shearer. Prom an order granting temporary alimony and attorney’s fees, defendant appeals. cite: As to the law governing the allowance of alimony: 91 S. C. 245; 10 Rich. Pq. 173; 68 S. C. 123; 100 S. C. 298. cite: As to the law governing the allowance of alimony: 60 S. C. 447; 91 S. C. 245; 79 S. C. 59. Mr. W. N. Graydon, cites: As to the law governing the allowance of alimony: 91 S. C. 245; 51 S. C. 379; 80 S. C. 277.
1DissentJustice Hydrick
A careful consideration of the evidence in this case and of the applicable law leads to the irresistible conclusion that the Circuit Judge was clearly wrong in granting the plaintiff’s motion for temporary alimony and suit money. True, the granting or refusing of such a motion is in the sound discretion of the Court; but that means a judicial discretion guided by the settled law and sufficient evidence to make at least a prima facie case in plaintiff’s favor. Plaintiff admits that she left her husband. The law is:
“If the wife voluntarily leaves her husband’s home, as a condition of obtaining…
2Cases cited3 opinions
- Levin v. LevinSupreme Court of South Carolina · 1904
- Gordon v. GordonSupreme Court of South Carolina · 1912
- Dagnall v. DagnallSupreme Court of South Carolina · 1915