Scoggins v. . Scoggins
Supreme Court of North Carolina
Civil Action for divorce, ® mensa et .thoro, tried at Fall Term, 1880, of Rutherford Superior Court, before Sexj-mour, J. The summons was issued on the 26th day of February, 1878. The plaintiff alleged numerous instances of cruel .-and barbarous treatment, endangering her life, and repeated ¡indignities offered to her person, rendering her life burden-isome and her condition intolerable, occurring during their married life,, without stating the time, place, or circumstances.
Read the full summary
Civil Action for divorce, ® mensa et .thoro, tried at Fall Term, 1880, of Rutherford Superior Court, before Sexj-mour, J. The summons was issued on the 26th day of February, 1878. The plaintiff alleged numerous instances of cruel .-and barbarous treatment, endangering her life, and repeated ¡indignities offered to her person, rendering her life burden-isome and her condition intolerable, occurring during their married life,, without stating the time, place, or circumstances. But the petition further alleged that .about the last of .January or first of February preceding the commencement of…
1Opinion of the CourtAshe, J.
Tire only questions presented by the record are 'these-:
1. That the transactions alleged to have occurred in January or -February, 1878, did not occur within si-x months before the commencement of this action ,• and,
2. That the facts are insufficient to constitute ground for divorce.
As to the 'first exception, it is provided in Bat. Rev,, ch, ■37, § 6, that the plaintiff shall also set forth in such affidavit, either that the facts set forth in the complaint, as grounds for divorce, have existed to his or her knowledge at least six months prior to the filing of the complaint, or if the wife…
2Cases cited1 opinion
- Scoggins v. . ScogginsSupreme Court of North Carolina · 1879
3Cited by1 opinion
- Jackson v. . JacksonSupreme Court of North Carolina · 1890