Norman v. Norman
Supreme Court of South Carolina
Before Prince, J., Anderson, May, 1913. Action by Julia Norman against Henry Norman. Defendant appeals. . It is better in such cases to refer the issues: 68 S. C. 123; 14 Cyc. 756. Alimony should, only be decreed where facts warrant separation: 70 S. E. 970; 14 Cyc. 754. No abuse of discretion to refuse alimony: 54 S. E. 194. Reference is optional zvith Judge: 17 Ency.
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Before Prince, J., Anderson, May, 1913. Action by Julia Norman against Henry Norman. Defendant appeals. . It is better in such cases to refer the issues: 68 S. C. 123; 14 Cyc. 756. Alimony should, only be decreed where facts warrant separation: 70 S. E. 970; 14 Cyc. 754. No abuse of discretion to refuse alimony: 54 S. E. 194. Reference is optional zvith Judge: 17 Ency. P. & P. 986; 34 Cyc. 796. Plaintiff is only required to make out prima facie case: 51 S. C. 379; 80 S. C. 277; 84 S. C. 9; 91 S. C. 245. Findings are discretionary zvith trial Judge: 91 S. C. 247.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
This is an action for alimony. A motion was made, on notice before his Honor, Judge Prince, for alimony pendente lite, and also- for counsel fees.
The motion was heard on the complaint and answer, supported b}^ affidavits. At the hearing of the motion, the defendant asked for a reference to take testimony in regard to- the facts. This motion was refused and an order made upon the showing allowing to the plaintiff alimony pendente lite of ten dollars per month and two- hundred dollars counsel fee. From this order the defendant appealed…
2Cases cited2 opinions
- Levin v. LevinSupreme Court of South Carolina · 1904
- Gordon v. GordonSupreme Court of South Carolina · 1912
3Cited by2 opinions
- Horne v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1935
- Reed v. ReedSupreme Court of South Carolina · 1913