Erwin v. . Erwin
Supreme Court of North Carolina
Appeal from the Court of Equity of Cabarrus County, from an order of his Honor Judge Hick, allowing alimony to the petition qv pendente lite.
Read the full summary
Appeal from the Court of Equity of Cabarrus County, from an order of his Honor Judge Hick, allowing alimony to the petition qv pendente lite. The petition set forth that she was a widow of forty years old when she married the defendant, who was about the same age; that the match was determined on quite suddenly, she having very little acquaintance with the defendant, but having heard of him an excellent character; but that in about three months after their intermarriage, she found the defendant to be intemperate ; that she could not please him- — that in about eight months after they were…
1Opinion of the CourtPearson, J.
Eor the purpose of this motion, all of the allegations set out in the petition are to be taken as true. We are satisfied that both the matter, and manner of stating it, bring the petitioner’s case within the statute. Questions of this kind must, in a great measure, depend upon the peculiar circumstances of each case, and for the purpose of aiding in making the application, some pains were taken in Everton v. Everton, 3 Jones’ Eq. 202, to review the English, and our own law, upon the subject of cruelty and indignity to the person. It will be seen from the exposition there given, that our law…
2Cited by4 opinions
- Ladd v. . LaddSupreme Court of North Carolina · 1897
- Davidson v. . DavidsonSupreme Court of North Carolina · 1925
- Garsed v. . GarsedSupreme Court of North Carolina · 1915
- Green v. Green.Supreme Court of North Carolina · 1902