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211 N.C. 453

190 S.E 749

Dawson v. . Dawson

Supreme Court of North Carolina

Decided April 7, 1937

Supreme Court of North Carolina · decided 1937-04-07

Good law ✅— No negative treatment on recordhow we know

Decided 1937-04-07

How this case has been cited

Cited by 5 later decisions — most recently April 1974

5 state decisions

2019371940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Stacy, C. J.

¶1 The defendant’s motion for alimony pendente lite and counsel fees is not supported under C. S., 1666, either by sufficient allegations or adequate factual findings. Vaughan v. Vaughan, ante, 354; Horton v. Horton, 186 N. C., 332, 119 S. E., 490; White v. White, 179 N. C., 592, 103 S. E., 216; Webber v. Webber, 79 N. C., 572; Miller v. Miller, 75 N. C., 70. It was said in Moore v. Moore, 130 N. C., 333, 41 S. E., 943, that upon application for alimony pendente lite under C. S., 1666, “whether the wife is entitled to alimony is a question of law upon the facts found,” reviewable on appeal by either party, and “the court below must find the facts.” Caudle v. Caudle, 206 N. C., 484, 174 S. E., 304. Not until the facts are found can we determine the correctness of the ruling as a matter of law. McManus v. McManus, 191 N. C., 740, 133 S. E., 9.

¶2 Nor can the. order be upheld as upon an application for alimony without divorce under C. S., 1667. This section “only applies to independent suits for alimony.” Skittletharpe v. Skittletharpe, 130 N. C., 72, 40 S. E., 851; Reeves v. Reeves, 82 N. C., 348.

¶3 Error.

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