Legal Opinion

Nichols v. Nichols.

Supreme Court of North Carolina

Decided April 9, 1901PublishedCited by 24 opinions

Actioh by Dicey Nichols against William Nichols, heard by Judge E. W. Timberlalee and a jury, at November Term, 1900, of Forsyth County Superior Court. From a judgment for plaintiff, the defendant appealed.

1Opinion of the CourtMoNtgomeby, J.

The appellant, in this Court, moved to-dismiss the action on the ground that the Superior Court did not have jurisdiction upon the complaint, to try the -case.. The action was for divorce a vinculo, and the affidavit accompanying the complaint did not contain one of the averments-prescribed in The Code, Section 1287. There was omitted from the affidavit the statement that the facts set forth in the-complaint as ground for divorce had existed to plaintiff’s knowledge at least six months prior to the filing of the complaint. The question, then, is presented, Do the matters- which are required…

2Cases cited2 opinions

  1. Ladd v. . LaddSupreme Court of North Carolina · 1897
  2. Dickinson v. . DickinsonSupreme Court of North Carolina · 1819

3Cited by24 opinions

  1. Johnston Broadcasting Co. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1949
  2. Eudy v. EudySupreme Court of North Carolina · 1975
  3. Carpenter v. CarpenterSupreme Court of North Carolina · 1956
  4. Ellis v. EllisSupreme Court of North Carolina · 1925
  5. Ellis v. . EllisSupreme Court of North Carolina · 1925

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