Legal Opinion

Smith v. Smith

Supreme Court of North Carolina

Decided June 16, 1961No. 605PublishedCited by 22 opinions

1Opinion of the CourtMoobe, J.

Plaintiff excepts to the signing of the judgment and contends that, upon the facts admitted and stipulated, she is entitled to one-half of the deposits in question.

The deposit in the First-Citizens Bank and Trust Company is in the name of “Charles H. Smith or Cassie Smith.”

Under the laws in this jurisdiction, nothing else appearing, money in the bank to the joint credit of husband and wife belongs one-half to the husband and one-half to the wife. Bowling v. Bowling, 243 N.C. 515, 519, 91 S.E. 2d 176; Smith v. Smith, 190 N.C. 764, 767, 130 S.E. 614; Turlington v. Lucas, 186 N.C. 283, 290, 119…

2Cases cited17 opinions

  1. Sprinkle v. PonderSupreme Court of North Carolina · 1951
  2. Turlington v. LucasSupreme Court of North Carolina · 1923
  3. Thomas v. . HoustonSupreme Court of North Carolina · 1921
  4. Jones v. . WaldroupSupreme Court of North Carolina · 1940
  5. Buffaloe v. . BarnesSupreme Court of North Carolina · 1946

12 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Loeb v. LoebCourt of Appeals of North Carolina · 1985
  2. Leatherman v. LeathermanSupreme Court of North Carolina · 1979
  3. DeLong v. Farmers Building and Loan AssociationWest Virginia Supreme Court · 1964
  4. Hutchins v. DowellCourt of Appeals of North Carolina · 2000
  5. McAulliffe v. WilsonCourt of Appeals of North Carolina · 1979

17 more not listed; retrieve them via the Exa API.

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