Legal Opinion

Pearce v. . Pearce

Supreme Court of North Carolina

Decided November 7, 1945PublishedCited by 10 opinions

1Opinion of the CourtBarnhill, J.

It would seem to be apparent tbat a wife may not assert a separation agreement providing for ber support as a defense to an action by tbe husband for divorce or have tbe agreement incorporated in tbe decree as a limitation upon tbe relief granted. G. S., 50-11. This we need not now decide, for tbe asserted agreement is void and unenforceable. G. S., 52-12-13; Smith v. Smith, ante, 189; Daughtry v. Daughtry, ante, 358, and cases cited.

A wife who seeks to assert a cause of action under G. S., 50-7 (4), must allege with particularity tbe language and conduct relied upon as constituting such…

2Cases cited10 opinions

  1. Martin v. Martin.Supreme Court of North Carolina · 1902
  2. McManus v. . McManusSupreme Court of North Carolina · 1926
  3. Jackson v. . JacksonSupreme Court of North Carolina · 1890
  4. Dowdy v. . DowdySupreme Court of North Carolina · 1911
  5. White v. . WhiteSupreme Court of North Carolina · 1881

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

3Cited by10 opinions

  1. Brooks v. . BrooksSupreme Court of North Carolina · 1946
  2. Allen v. AllenSupreme Court of North Carolina · 1956
  3. Bolin v. BolinSupreme Court of North Carolina · 1957
  4. Richardson v. RichardsonSupreme Court of North Carolina · 1962
  5. Best v. . BestSupreme Court of North Carolina · 1947

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

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