Lee v. . Lee
Supreme Court of North Carolina
Appeal from Connor, J., at Special July Term, 1921, of Johnstoit. Tbis is an action by the husband for divorce. The plaintiff and defendant were married 31 May, 1896, and there were five children born to them.. They lived together till 1910, when the wife was committed to the State Hospital for the Insanej and has not been home since.
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Appeal from Connor, J., at Special July Term, 1921, of Johnstoit. Tbis is an action by the husband for divorce. The plaintiff and defendant were married 31 May, 1896, and there were five children born to them.. They lived together till 1910, when the wife was committed to the State Hospital for the Insanej and has not been home since. This is an action for divorce, alleging that “There has been a separation of husband and wife and that they have lived separate and apart for ten successive years.” Verdict and judgment for defendant. Appeal by plaintiff.
1Opinion of the CourtClabK, C. J.
This appeal presents but one question. The court charged the jury that though the plaintiff and defendant had lived separate and apart for more than five years, Laws 1921, ch. 63, amending C. S., 1659 (4), such separation having been caused by incarceration in the State Hospital for the Insane, is not such separation as is contemplated in the statute under which this suit is brought.
The appellant rests his case solely upon the statement in Cooke v. Cooke, 164 N. C., 275, that “This statute is broad enough to include, and clearly does include, any kind of separation by which the marital…
2Cases cited4 opinions
- Powell v. PowellSupreme Court of Kansas · 1877
- Sutton v. CommonwealthCourt of Appeals of Kentucky · 1895
- Cooke v. CookeSupreme Court of North Carolina · 1913
- Lloyd v. LloydIllinois Supreme Court · 1872
3Cited by15 opinions
- Cameron v. CameronSupreme Court of North Carolina · 1952
- Byers v. . ByersSupreme Court of North Carolina · 1943
- Byers v. ByersSupreme Court of North Carolina · 1943
- Sitterson v. . SittersonSupreme Court of North Carolina · 1926
- Taylor v. . TaylorSupreme Court of North Carolina · 1945
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