Cook v. . Cook
Supreme Court of North Carolina
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
Hoke, J.,
after stating tbe case: Under our present procedure, a defendant is allowed to demur, when it appears on tbe face of tbe complaint that there is another action pending between tbe same parties for tbe same cause (Rev. 1905, sec. 415, subsec. 3), and where this does not appear from tbe complaint tbe objection may be taken by answer (Revisal, 417); and it has been held with us that an objection of this character may be joined with plea in bar or an answer on tbe merits. Blackwell v. Dibrell, 103 N. C., 270, citing on this position Pomeroy’s Remedies, sec. 121. Tbe judge below,…
2Cases cited13 opinions
- State ex rel. Craig v. DoughertySupreme Court of Missouri · 1870
- Rodney v. GibbsSupreme Court of Missouri · 1904
- Blackwell v. Dibbrell Bros. & Co.Supreme Court of North Carolina · 1889
- Hopkins v. Hopkins.Supreme Court of North Carolina · 1903
- Mattel v. ConantMassachusetts Supreme Judicial Court · 1892
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