Hennis v. . Hennis
Supreme Court of North Carolina
Appeal by defendant from Long, J., on 2 August, 1920, from Buncombe. This is an action for divorce, which comes here by appeal from an order made upon motion by the plaintiff for alimony and counsel fees. Plaintiff alleged willful abandonment of her by the defendant without just cause, cruel treatment, failure to support, and other matters in aggravation, and, among them, that he left her without any means for her support, and that she had none of her own.
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Appeal by defendant from Long, J., on 2 August, 1920, from Buncombe. This is an action for divorce, which comes here by appeal from an order made upon motion by the plaintiff for alimony and counsel fees. Plaintiff alleged willful abandonment of her by the defendant without just cause, cruel treatment, failure to support, and other matters in aggravation, and, among them, that he left her without any means for her support, and that she had none of her own. Defendant denied all her allegations, except the one as to their marriage, and charged the plaintiff with adultery. The judge left open…
1Opinion of the Court
WAlkuR, J.,
after stating the case: The defendant moved to dismiss the action upon the ground that the summons was issued less than ten days before the time set for it’s return, but this matter was first heard by the clerk, who found as the fact that the summons was issued ten days before 22 January, 1920, which was the return day, and thereupon he overruled the motion to dismiss, and defendant appealed to the Superior Court, where the judge affirmed the action of the clerk, and after-wards, the defendant, having failed to further appear and file answer, allowed him time to plead, and the…
2Cases cited5 opinions
- Moore v. MooreSupreme Court of North Carolina · 1902
- Coharie Lumber Co. v. BuhmannSupreme Court of North Carolina · 1912
- Medlin v. . MedlinSupreme Court of North Carolina · 1918
- Lea v. . LeaSupreme Court of North Carolina · 1889
- Moore v. Moore.Supreme Court of North Carolina · 1902
3Cited by9 opinions
- Bigham v. . FoorSupreme Court of North Carolina · 1931
- Brann v. HanesSupreme Court of North Carolina · 1927
- Ragan v. . RaganSupreme Court of North Carolina · 1938
- Brann v. . HanesSupreme Court of North Carolina · 1927
- Howard v. Queen City Coach Co.Supreme Court of North Carolina · 1937
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