Scoggins v. Scoggins
| Decision Date | 31 January 1879 |
| Court | North Carolina Supreme Court |
| Parties | MARY SCOGGINS v. WILLIAM SCOGGINS. |
CIVIL ACTION for Divorce a mensa et thoro heard on motion in the cause at Spring Term, 1878, of RUTHERFORD Superior Court, before Cox, J.
This was a motion by the plaintiff at the appearance term for alimony pendente lite and for the custody of the children of the marriage. The alleged cause of divorce was cruel treatment on the part of the defendant, the complaint setting out the nature of and specifying the occasions when the several acts of cruelty were perpetrated; notably that on or about the last of January or first of February last, one of the children of the parties was seriously ill, needing the attention of both parents, and while it was in this low state of health, from which it soon died, the defendant was drinking and abusing the plaintiff and threatening her life, and on a certain night ordered persons who were visiting the sick child to leave the house, and also ordered the plaintiff to leave. Being greatly alarmed and fearing her life would be taken, she went to her father's on that night.
The plaintiff's affidavit states that some of the facts complained of have existed more than six months before suit brought, and that defendant “is trying to dispose of his property for the purpose of leaving the state, and has offered his land for sale, avowing his intention to leave the state,” and that the children were small and needed her care. It also appeared by the affidavit of Wade Hill, the father of plaintiff, that she was without means to support herself or to defray the expenses of this action, and that defendant was the owner of a tract of land of the value of one thousand one hundred dollars, subject to a mortgage of about two hundred dollars, and also owned horses, cattle and other stock.
Thereupon His Honor found the following: That the complaint set forth facts which, if true, were sufficient to entitle the plaintiff to the relief demanded; that plaintiff has not sufficient means for support during the prosecution of the action and to defray the necessary expenses thereof; that defendant owned a tract of land worth $1,000, and personal property worth $300, and that his income was $225 or more; and adjudged that defendant pay to plaintiff seventy-five dollars a year as alimony, and awarded the custody of the three youngest children, girls, to the plaintiff, and of the oldest child, boy, to the defendant. From which judgment the defendant appealed.
No counsel for plaintiff.
Messrs. Hoke & Son and J. C. L. Harriss, for defendant .
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Harding v. Harding
...v. Daiger, 2 Md. Ch. 335; Wright v. Wright, 1 Edw. Ch. 62;Porter v. Porter, 41 Miss. 116; Lotowich v. Lotowich, 19 Kan. 451; Scoggins v. Scoggins, 80 N. C. 318. The court may, if it deems it necessary, enter into a sufficient examination of the case, to determine the good faith of the compl......
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In re Gladys Morgan
...custody of children, still the general power granted by the statute carries with it the power to make such temporary orders. Scoggins v. Scoggins, 80 N.C. 318. Statutes like one in question exist in many, if not most, of the states; and it is generally held that they give the court ample po......
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In re Morgan
...custody of children, still the general power granted by the statute carries with it the power to make such temporary orders. Scoggins v. Scoggins, 80 N. C. 318. Statutes like the one in question exist in many, if not most, of the states; and it is generally held that they give the court amp......
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