Spiller v. Spiller

• Decision Date: 30 April 1797
• Citation: 2 N.C. 482
• Court: North Carolina Supreme Court
• Parties: SPILLER v. SPILLER.

2 N.C. 482

SPILLER

v.SPILLER.

SUPERIOR COURTS OF NORTH CAROLINA

FAYETTEVILLE—APRIL TERM, 1797

In proceedings for alimony, property of husband will not be put in hands of a receiver unless husband is about to remove it.

BILL filed by Mrs. Spiller for alimony; and her counsel now moved that so much of his property might be taken as would probably equal the decree of the Court, saying Mr. Spiller was wasting his property.

PER CURIAM. We have ordered sequestrations of this kind when we have found the defendant withdrawing his property, or being about to move it and himself to avoid an execution of the decree; but not otherwise. It would be a great stretch of power in this Court to order a sequestration, or a bond for the absolute performance of the decree, whenever a bill is filed against a man by one who claims to be his wife.

See Anonymous, ante, 347.

Cited: Crews v. Crews, 175 N. C., 170.