Legal Opinion

Wood v. . Wood

Supreme Court of North Carolina

Decided April 20, 1921PublishedCited by 4 opinions

Appeal by defendant from Bay, J., at November Term, 1920, of ÜAVIDSON. This is an action for divorce a mensa et thoro because of cruel treatment, which, rendered feme plaintiff's condition intolerable and her life burdensome. It is not necessary to set forth in detail the specific allegations of cruelty. The case is here upon a motion to remove the same for trial to the county of Davie, where plaintiff’s husband resides and has his domicile. The motion was denied.

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Appeal by defendant from Bay, J., at November Term, 1920, of ÜAVIDSON. This is an action for divorce a mensa et thoro because of cruel treatment, which, rendered feme plaintiff's condition intolerable and her life burdensome. It is not necessary to set forth in detail the specific allegations of cruelty. The case is here upon a motion to remove the same for trial to the county of Davie, where plaintiff’s husband resides and has his domicile. The motion was denied. Defendant thereupon appealed.

1Opinion of the Court

"Walkeb, J.

The defendant contends that the domicile of the wife is that of her husband, and therefore the action should have been brought in Davie County, and relied mainly upon Smith v. Morehead, 59 N. C., 360, where the husband resided in one county of’this State and the action was brought by the wife in another county. The court dismissed the bill for want of jurisdiction because, according to the common law, the residence of the wife was that of her husband, and therefore the venue had been improperly laid.

Conceding that to be'the rule of the common law, it does not apply to this ease, as…

2Cases cited4 opinions

  1. Moore v. MooreSupreme Court of North Carolina · 1902
  2. State v. . RossSupreme Court of North Carolina · 1877
  3. Hicks v. . SkinnerSupreme Court of North Carolina · 1874
  4. Smith v. . MoreheadSupreme Court of North Carolina · 1863

3Cited by4 opinions

  1. In Re Will of FullerSupreme Court of North Carolina · 1925
  2. In Re the Will of EllisSupreme Court of North Carolina · 1924
  3. Thomas v. ThomasSupreme Court of South Carolina · 1950
  4. Tyree v. TudorSupreme Court of North Carolina · 1922

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