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Simmons v. Simmons

Supreme Court of North Carolina
Nov 1, 1926
135 S.E. 350 (N.C. 1926)

Opinion

(Filed 17 November, 1926.)

APPEAL by defendant from Schenck, J., at June Term, 1926, of ANSON. Affirmed.

McLendon Covington for plaintiff.

Enos T. Edwards and Vann Milliken for defendant.


This is an action to have a reasonable subsistence and counsel fees paid or secured to the plaintiff from the estate or earnings of the defendant, her husband, as provided in 3 C. S., 1667. The plaintiff's motion was heard upon the pleadings, the affidavits, and the oral testimony, and it was adjudged that the defendant pay the plaintiff's attorneys $100 for their services, and that he pay into the office of the clerk $35 a month for the benefit of the plaintiff and her child. The judgment must be affirmed upon the authority of decisions heretofore rendered, there being no charge of adultery against the plaintiff. McManus v. McManus, 191 N.C. 740; Price v. Price, 188 N.C. 640; Barbee v. Barbee, 187 N.C. 538; Anderson v. Anderson, 183 N.C. 139.

Affirmed.


Summaries of

Simmons v. Simmons

Supreme Court of North Carolina
Nov 1, 1926
135 S.E. 350 (N.C. 1926)
Case details for

Simmons v. Simmons

Case Details

Full title:ALICE SIMMONS v. W. H. SIMMONS

Court:Supreme Court of North Carolina

Date published: Nov 1, 1926

Citations

135 S.E. 350 (N.C. 1926)
192 N.C. 825

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