Legal Opinion

Pain v. . Pain

Supreme Court of North Carolina

Decided January 5, 1879PublishedCited by 41 opinions

Civil ActioN for Divorce a mensa et thoro heard on a motion for alimony pendente lite, at November Special Term, 1878, of MadisoN Superior Court before Avery, J. At the regular term the plaintiff’s counsel made the motion for alimony, and a reference was ordered to ascertain what estate or property was hfeld by defendant, and his annual income, and a report returned.

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Civil ActioN for Divorce a mensa et thoro heard on a motion for alimony pendente lite, at November Special Term, 1878, of MadisoN Superior Court before Avery, J. At the regular term the plaintiff’s counsel made the motion for alimony, and a reference was ordered to ascertain what estate or property was hfeld by defendant, and his annual income, and a report returned. The motion was argued before His Honor at chambers, and it appeared that neither a demurrer nor an answer was filed to the complaint, for which failure the plaintiff insisted that judgment should be entered. After argument upon…

1Opinion of the Court

Smith, 0. J.

This appeal from the interlocutory order., allowing the plaintiff alimony,,pendente lite, brings before us for examination two- exceptions only :

1. The refusal of the judge to hear further evidence of the amount and value of the defendant’s estate and argument from his counsel.

2. The penalty imposed in the decretal order for failure to comply with it.

The case shows that on the motion for the allowance the amended complaint verified by the plaintiff’s oath was read,, and no other evidence was offered by either party. The subject matter of the complaint and the sufficiency of its…

2Cases cited1 opinion

  1. State v. . CannadySupreme Court of North Carolina · 1878

3Cited by41 opinions

  1. Cunningham v. CunninghamTexas Supreme Court · 1931
  2. Ex Parte McCownSupreme Court of North Carolina · 1905
  3. Rickert v. RickertSupreme Court of North Carolina · 1972
  4. Andrew v. AndrewSupreme Court of Vermont · 1889
  5. Carson v. . DellingerSupreme Court of North Carolina · 1884

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