Dowdy v. . Dowdy
Supreme Court of North Carolina
Appeal from W. B. Alíen, J., at August Term, 1910, of Chatham. Action for divorce from bed and board. These issues were submitted without objection: 1. Did the defendant abandon the plaintiff, as alleged? Answer: Yes. 2. Did the defendant offer such indignities to the person of the plaintiff as to render her condition intolerable and her life burdensome? Answer: Yes. 3. If so, was the plaintiff a dutiful wife and without blame on her part? Answer: No. The plaintiff tendered…
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Appeal from W. B. Alíen, J., at August Term, 1910, of Chatham. Action for divorce from bed and board. These issues were submitted without objection: 1. Did the defendant abandon the plaintiff, as alleged? Answer: Yes. 2. Did the defendant offer such indignities to the person of the plaintiff as to render her condition intolerable and her life burdensome? Answer: Yes. 3. If so, was the plaintiff a dutiful wife and without blame on her part? Answer: No. The plaintiff tendered judgment upon these issues and findings, which the court declined to sign. Plaintiff excepted and appealed.
1Opinion of the Court
Brown, I.
The record states that the court declined judgment for plaintiff upon the ground that the plaintiff was not entitled thereto upon the findings to the issues. His Honor then set aside the verdict in the exercise of his discretion, but would not have done so if he had not been of opinion that the plaintiff was not entitled to judgment on the verdict.
The action of his Honor in setting aside the verdict in his discretion and ordering a new trial is not affected by the reason given for it. Had be dismissed the action, bolding tbat upon the issues plaintiff could not recover, an appeal…
2Cases cited8 opinions
- State v. . WyldeSupreme Court of North Carolina · 1892
- Merritt Milling Co. v. FinlaySupreme Court of North Carolina · 1892
- Jackson v. . JacksonSupreme Court of North Carolina · 1890
- White v. . WhiteSupreme Court of North Carolina · 1881
- O'Connor v. . O'ConnorSupreme Court of North Carolina · 1891
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3Cited by20 opinions
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- Carnes v. . CarnesSupreme Court of North Carolina · 1933
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- Allen v. AllenSupreme Court of North Carolina · 1956
- Knight v. . LittleSupreme Court of North Carolina · 1940
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