Wicker v. Wicker, 528
| Decision Date | 22 November 1961 |
| Docket Number | No. 528,528 |
| Citation | 255 N.C. 723,122 S.E.2d 703 |
| Parties | David Lloyd WICKER v. Nellie Grace Yow WICKER. |
| Court | North Carolina Supreme Court |
Gavin, Jackson & Williams, Sanford, for defendant-appellant.
Hoyle & Hoyle, Pittman, Staton & Betts, Sanford, for plaintiff-appellee.
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 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.
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Eudy v. Eudy, 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......
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Fulton v. Vickery
...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......
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...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......
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