[Download] "Williams V. Williams" by Supreme Court of North Carolina * Book PDF Kindle ePub Free

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eBook details

• Title: Williams V. Williams
• Author : Supreme Court of North Carolina
• Release Date : January 17, 1964
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Defendant's assignments of error 1, 4, 5, and 8 relate, in substance, to his Honor's ruling that the deed of separation did not constitute a valid plea in bar. A  wife who, in a valid deed of separation, has released her husband from his obligation to support is remitted to her rights under the agreement. As long as the deed of separation stands unimpeached, the court is without power to award her alimony and counsel fees. Kiger v. Kiger, 258 N.C. 126, 128 S.E.2d 235; Brown v. Brown, 205 N.C. 64, 169 S.E. 818. A resumption of marital relations by the parties, however, will annul and rescind the deed of separation. Turner v. Turner, 242 N.C. 533, 89 S.E.2d 245; Reynolds v. Reynolds, 210 N.C. 554, 187 S.E. 768. The defendant recognizes this rule of law but he contends that since he had denied any resumption of marital relations with the plaintiff, the court was without authority to award her alimony pendente lite until that issue had been determined by a jury. When the judge declined to delay the hearing on this ground, defendant attempted to delay it by noting an immediate appeal to the Supreme Court. However, the judge proceeded to hear the entire matter, including the parties' evidence pertaining to the plea in bar. After doing so he found the facts against the defendant.

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