Moore v. Moore
Supreme Court of North Carolina
ActioN by J. Gr. Moore against J. H. Moore, beard by Judge W. B. Council, at LeNOIr, N. G, on December 25, 1901. ' Erom a decree allowing alimony 'pendente lite, tbe defendant appealed.
1Opinion of the CourtClark, J.
Prior to tbe Statute of 1852, alimony pendente . lite was unknown in tbis State. Wilson v. Wilson, 19 N. C., 377; Earp v. Earp, 54 N. C., 118. Its evident purpose was “to afford tbe wife present pecuniary relief pending tbe progress of tbe action.” Morris v. Morris, 89 N. C., 109. 'Tbe present-statute (Tbe Code, Sec. 1291) provides tbat tbe motion may be beard and determined in or out of term, and certainly tbe wife in sucb case ought not to be left to starve till tbe Judge, or bis successor, shall come to tbe county. Tbe motion is ancillary and not a motion for judgment on tbe merits, or a…
2Cases cited12 opinions
- Harris v. . HarrisSupreme Court of North Carolina · 1894
- Ledbetter v. . PinnerSupreme Court of North Carolina · 1897
- Miller v. MillerSupreme Court of Florida · 1894
- Arrington v. . ArringtonSupreme Court of North Carolina · 1889
- Smith v. . MoreheadSupreme Court of North Carolina · 1863
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3Cited by27 opinions
- Rickert v. RickertSupreme Court of North Carolina · 1972
- Holloway v. . HollowaySupreme Court of North Carolina · 1939
- Hinkle v. LovelaceSupreme Court of Missouri · 1907
- Mincey v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1913
- Oliver v. . OliverSupreme Court of North Carolina · 1941
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