Davis v. . Davis
Supreme Court of North Carolina
Appeal by plaintiff from Lyon, J., at tbe September Term, 1919, of Beaufort. Tbis is an appeal from an order setting aside a decree wbicb granted an absolute divorce to tbe plaintiff.
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Appeal by plaintiff from Lyon, J., at tbe September Term, 1919, of Beaufort. Tbis is an appeal from an order setting aside a decree wbicb granted an absolute divorce to tbe plaintiff. Upon tbe bearing of tbe motion tbe following facts were found: 1. Tbat on 5 February, 1919, tbe plaintiff, tbrougb bis attorney, P. H. Bell, filed witb tbe clerk of tbis court an affidavit as tbe basis for an order of publication of summons, wbicb affidavit is in tbe following form, to wit: “S. D. Davis, being first duly sworn, says tbat Rutb Davis is a necessary party defendant to tbe above- entitled action,…
1Opinion of the CourtAllen, J.
The first objection of the defendant to the validity and regularity of the decree of divorce is based on section 1559 of Revisal, which provides that “In all proceedings for divorce the summons shall be returnable to the court of the county in which the applicant resides,” the defendant contending that this is jurisdictional.
It is evident that the General Assembly did not so intend because it placed the section under the title of venue and not of jurisdiction, and nothing appears to show the purpose to take an action for divorce out of the general principle, which prevails, that any action…
2Cases cited6 opinions
- Wheeler v. . CobbSupreme Court of North Carolina · 1876
- Robeson v. . HodgesSupreme Court of North Carolina · 1890
- Sheldon v. . KivettSupreme Court of North Carolina · 1892
- Spiers v. Halstead, Haines & Co.Supreme Court of North Carolina · 1874
- Flint v. CoffinCourt of Appeals for the Fourth Circuit · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Fowler v. FowlerSupreme Court of North Carolina · 1925
- Fowler v. . FowlerSupreme Court of North Carolina · 1925
- Board of Com'rs of Roxboro v. BumpassSupreme Court of North Carolina · 1951
- McLean v. McLeanSupreme Court of North Carolina · 1951
- Nello L. Teer Co. v. Hitchcock Corp.Supreme Court of North Carolina · 1952
14 more not listed; retrieve them via the Exa API.