Kinney v. . Kinney
Supreme Court of North Carolina
■ ActioN tried before Oouncill. J.. and a -jury, May Term, 1908, of Rowan. This is an action by tbe plaintiff against tbe defendant, bis wife, for divorce.
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■ ActioN tried before Oouncill. J.. and a -jury, May Term, 1908, of Rowan. This is an action by tbe plaintiff against tbe defendant, bis wife, for divorce. It is alleged in tbe complaint that tbe defendant committed adultery with H. L. Reynolds in February, 1905, in the city óf Washington, and in the same month in the city of Richmond, Va., and in February or March, 1906, in -Spencer, N. 0. In the seventh section of the complaint, the plaintiff alleged: “That each and all of said acts of adultery were committed without the consent, connivance, privity or procurement of the plaintiff, and that…
1Opinion of the CourtWalkeR, J.
The. Court properly refused to submit the issues tendered hy the defendant. Whether the plaintiff had knowledge of the. adultery in Spencer between his wife and H. L. Reynolds in February or March, 1906, was not an issuable fact in this case. The statute does not require that' such knowledge should be alleged in the complaint, but in the affidavit or verification of the pleading. When the proper affidavit is made the Court acquires jurisdiction of the cause. Hopkins v. Hopkins, 132 N. C., 22; Clark v. Clark, 133 N. C., 28. The pleadings in the action present the issue which should be…
2Cases cited9 opinions
- State v. . GuestSupreme Court of North Carolina · 1888
- Hopkins v. Hopkins.Supreme Court of North Carolina · 1903
- State v. RabySupreme Court of North Carolina · 1897
- Tew v. . TewSupreme Court of North Carolina · 1879
- Clark v. Clark.Supreme Court of North Carolina · 1903
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