Legal Opinion

Gordon v. Gordon

Supreme Court of South Carolina

Decided April 4, 1912No. 8174PublishedCited by 8 opinions

Before Shipp, J., Williamsburg, June term, 3911. Action by Fanny O. Gordon against Samuel B. Gordon. Defendant appeals. cite: What is prima facie proof? 50 N. Y. 180; 45 E. R. A. 794; 21 E. R. A. 310; 50 N. Y. 180; 40 S. E. 782. To claim alimony separation must not be caused by wife: 1 McC. 117; 21 Cyc. 1801. Nor is she so entitled if she agreed to the separation: 124 N. Y. 493. Grounds upon which alimony will be ,allowed: 68 S. C. 123. Burden is on zvife to show she left…

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Before Shipp, J., Williamsburg, June term, 3911. Action by Fanny O. Gordon against Samuel B. Gordon. Defendant appeals. cite: What is prima facie proof? 50 N. Y. 180; 45 E. R. A. 794; 21 E. R. A. 310; 50 N. Y. 180; 40 S. E. 782. To claim alimony separation must not be caused by wife: 1 McC. 117; 21 Cyc. 1801. Nor is she so entitled if she agreed to the separation: 124 N. Y. 493. Grounds upon which alimony will be ,allowed: 68 S. C. 123. Burden is on zvife to show she left for good cause: 21 Cyc. 1607, 1605; 16 N. J. Eq. 389; 60 Am. Dec. 677; 21 E. R. A. 310. Nor will temporary alimony be…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

In this action, hrought by Fanny O. Gordon against her husband, Samuel B. Gordon, for permanent alimony and the custody of their children, Judge Shipp made an order for the payment of twenty-five dollars a month as a temporary allowance to the wife for her support, and of two hundred dollars as reasonable counsel fees. The defendant has appealed on the ground that the plaintiff failed to make a prima facie showing that the separation was due to her husband’s misconduct and not her own.

1 On the part of the wife affidavits were…

2Cases cited2 opinions

  1. Levin v. LevinSupreme Court of South Carolina · 1904
  2. Moody v. Southern Ry.Supreme Court of South Carolina · 1908

3Cited by8 opinions

  1. Scheper v. ScheperSupreme Court of South Carolina · 1923
  2. Simonds v. SimondsSupreme Court of South Carolina · 1957
  3. Knight v. KnightSupreme Court of South Carolina · 1947
  4. Dagnall v. DagnallSupreme Court of South Carolina · 1915
  5. Norman v. NormanSupreme Court of South Carolina · 1913

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