Griffith v. . Griffith
Supreme Court of North Carolina
Civil ACTION for divorce a mensa et thoro heard afc Spring Term, 1883, of Mitchell Superior Court, before Gudger, J. Upon the complaint and affidavit of the plaintiff, His Honor made an order for alimony pendente lite, and thereupon the defendant moved to vacate the order upon the ground of a want of notice to him, and the court sustained the motion.
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Civil ACTION for divorce a mensa et thoro heard afc Spring Term, 1883, of Mitchell Superior Court, before Gudger, J. Upon the complaint and affidavit of the plaintiff, His Honor made an order for alimony pendente lite, and thereupon the defendant moved to vacate the order upon the ground of a want of notice to him, and the court sustained the motion. The case then states that the defendant waived the five days’ notice to which he was entitled under the statute, and that the plaintiff renewed her motion for alimony. This latter motion was refused by the court upon the ground that the complaint…
1Opinion of the CourtMeRRIMON, J.
The plaintiff not only alleges in general terms that the defendant has abandoned her, that he has in effect turned her out of doors, that he has treated her cruelly and barbarously, so as to endanger her life, and has offered such indignities to her person as to render her condition intolerable and life burdensome, but she avers facts in detail, that, if she can prove them to be true, certainly make a strong case in her favor, and the case contemplated by the statute, on which relief ought to be granted. Ti-ie Code, §1286.
The court did not find that the allegations in the complaint were true…
2Cited by8 opinions
- Williams v. WilliamsSupreme Court of North Carolina · 1964
- Moore v. . MooreSupreme Court of North Carolina · 1923
- Moody v. . MoodySupreme Court of North Carolina · 1896
- Easeley v. . EaseleySupreme Court of North Carolina · 1917
- Horton v. . HortonSupreme Court of North Carolina · 1923
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