Wicker v. Wicker, No. 528
| Docket Nº | No. 528 |
| Citation | 255 N.C. 723, 122 S.E.2d 703 |
| Case Date | November 22, 1961 |
| Court | United States State Supreme Court of North Carolina |
Page 703
v.
Nellie Grace Yow WICKER.
Gavin, Jackson & Williams, Sanford, for defendant-appellant.
Hoyle & Hoyle, Pittman, Staton & Betts, Sanford, for plaintiff-appellee.
[255 N.C. 724] PER CURIAM.
The previous action, a habeas corpus proceeding to determine the custody of the children of the marriage involved in the instant case, was heard by the trial judge who, sitting without a jury, found as a fact, among other things, that Nellie Grace Yow Wicker had not committed adultery with any person, and entered judgment in accordance therewith.
G.S. § 50-10 requires that, in a divorce action, the material facts as to the
Page 704
grounds for divorce must be found by a jury. Carpenter v. Carpenter, 244 N.C. 286, 93 S.E.2d 617.Thus, it is patent that the order entered in the habeas corpus proceeding based on facts found by the trial judge is not res judicata to this action for divorce upon the ground of adultery.
Hence, the order from which appeal is taken is
Affirmed.
To continue reading
Request your trial
-
Eudy v. Eudy, No. 124
...in the complaint and found by the finder of fact to be true before a divorce judgment may be entered. G.S. § 50--10; Wicker v. Wicker, 255 N.C. 723, 122 S.E.2d 703; Israel v. Israel, 255 N.C. 391, 121 S.E.2d 713; Martin v. Martin, 253 N.C. 704, 118 S.E.2d 29; Pruett v. Pruett, Supra; Carpen......
-
Fulton v. Vickery, No. 8415SC575
...in an action for divorce or annulment, the material facts in every complaint must be found by a judge or a jury. See Wicker v. Wicker, 255 N.C. 723, 122 S.E.2d 703 (1961). The trial court in the original action did not make such findings of fact. See also N.C.Gen.Stat. Sec. 50-4 (1984) ("Wh......
-
Morris v. Morris, No. 7926DC529
...action. Prior to 1963, a verdict by a jury was required to support a judgment for absolute divorce in this State. Wicker v. Wicker, 255 N.C. 723, 122 S.E.2d 703 (1961). In 1963, the General Assembly amended the statutes to allow the trial judge to find the facts in actions for divorce based......
-
Newman v. Home Life Ins. Co., No. 523
...Her right against the insurance company terminated at the end of the grace period by reason of the failure on the part of her [255 N.C. 723] employer to keep the contract alive by paying the required premium. Although the plaintiff paid her employer, who defaulted, her recourse is not again......
-
Eudy v. Eudy, No. 124
...in the complaint and found by the finder of fact to be true before a divorce judgment may be entered. G.S. § 50--10; Wicker v. Wicker, 255 N.C. 723, 122 S.E.2d 703; Israel v. Israel, 255 N.C. 391, 121 S.E.2d 713; Martin v. Martin, 253 N.C. 704, 118 S.E.2d 29; Pruett v. Pruett, Supra; Carpen......
-
Fulton v. Vickery, No. 8415SC575
...in an action for divorce or annulment, the material facts in every complaint must be found by a judge or a jury. See Wicker v. Wicker, 255 N.C. 723, 122 S.E.2d 703 (1961). The trial court in the original action did not make such findings of fact. See also N.C.Gen.Stat. Sec. 50-4 (1984) ("Wh......
-
Morris v. Morris, No. 7926DC529
...action. Prior to 1963, a verdict by a jury was required to support a judgment for absolute divorce in this State. Wicker v. Wicker, 255 N.C. 723, 122 S.E.2d 703 (1961). In 1963, the General Assembly amended the statutes to allow the trial judge to find the facts in actions for divorce based......
-
Newman v. Home Life Ins. Co., No. 523
...Her right against the insurance company terminated at the end of the grace period by reason of the failure on the part of her [255 N.C. 723] employer to keep the contract alive by paying the required premium. Although the plaintiff paid her employer, who defaulted, her recourse is not again......