Miller v. . Miller
Supreme Court of North Carolina
Civil ActioN for Divorce and Alimony, heard upon motion of the plaintiff that she be allowed alimony pendente litet before Cloud, J., at Spring Term, 1876, of Rowan Superior Court.
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Civil ActioN for Divorce and Alimony, heard upon motion of the plaintiff that she be allowed alimony pendente litet before Cloud, J., at Spring Term, 1876, of Rowan Superior Court. The motion was based upon the complaint and affidavits filed in the cause, from which his Honor found as a fact that the plaintiff was the owner of separate estate, but that the income arising therefrom was not sufficient to support her during the pendency of the action, and to pay the necessary and proper expenses thereof. The Court held that the plaintiff should resort to the corpus of her separate estate, which…
1Opinion of the CourtBynum, J.
The defendant contends that by the proper construction of the statute, (see Bat. Rev., chap. 37, sec. 10,) the plaintiff is entitled to no alimony, pendente lite, until, both her separate income, and the corpus or capital producing it, are exhausted in her support. We think such a construction is too narrow and harsh to the wife, and cannot be supported. The statute provides that if the complaint states facts which, if true, will entitle her to the relief demanded, and it shall appear “ that she has not sufficient means whereon to subsist during the prosecution of the suit, and to defray the…
2Cases cited1 opinion
- Campbell v. CampbellWisconsin Supreme Court · 1875
3Cited by11 opinions
- White v. WhiteSupreme Court of North Carolina · 1920
- Crews v. . CrewsSupreme Court of North Carolina · 1918
- Anderson v. AndersonSupreme Court of North Carolina · 1922
- Butler v. . ButlerSupreme Court of North Carolina · 1946
- White v. . WhiteSupreme Court of North Carolina · 1920
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