Ericson v. . Ericson
Supreme Court of North Carolina
Appeal by plaintiff from Stevens, J., at December Term, 1945, of ORANGE. Civil action for absolute divorce on ground of two years separation. The record on this appeal consists of : (1) Notice of defendant’s motion in the cause served upon plaintiff.
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Appeal by plaintiff from Stevens, J., at December Term, 1945, of ORANGE. Civil action for absolute divorce on ground of two years separation. The record on this appeal consists of : (1) Notice of defendant’s motion in the cause served upon plaintiff. (2) Defendant’s verified petition and motion in the cause for order adjudging plaintiff in contempt of court for willful disobedience of an order requiring him to pay to defendant $100 per month for her support and maintenance so long as she remains unmarried, in accordance with provisions of a consent judgment dated 10 June, 1940, entered upon…
1Opinion of the CourtWinborne, J.
The questions presented on this appeal constitute fundamentally a challenge to the jurisdiction of the court to enter in this action the consent judgment upon which the contempt proceeding against plaintiff is predicated. This makes it necessary to consider the nature of the pleading on defendant’s cross action upon which the consent judgment appears to rest.
If alimony without divorce, under G. S., 50-16, formerly C. S., 1667, were the nature and purpose of the pleading, it could not be maintained by cross action in a suit for divorce instituted by the husband. See Silver v. Silver, 220 N.…
2Cases cited17 opinions
- Pruitt v. WoodSupreme Court of North Carolina · 1930
- Pruitt v. . WoodSupreme Court of North Carolina · 1930
- Riggan v. . HarrisonSupreme Court of North Carolina · 1932
- Waters v. . WatersSupreme Court of North Carolina · 1930
- Walton v. . McKessonSupreme Court of North Carolina · 1888
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3Cited by10 opinions
- Reece v. ReeceSupreme Court of North Carolina · 1949
- Griffin v. BarnesSupreme Court of North Carolina · 1955
- Bame v. Palmer Stone Works, Inc.Supreme Court of North Carolina · 1950
- State v. CockrellSupreme Court of North Carolina · 1949
- Thrush v. ThrushSupreme Court of North Carolina · 1956
5 more not listed; retrieve them via the Exa API.