Norman v. Norman

Decided March 28, 1913

Supreme Court of South Carolina · decided 1913-03-28

Before Prince, J., Anderson, May, 1913. Action by Julia Norman against Henry Norman. Defendant appeals. . It is better in such cases to refer the issues: 68 S. C. 123; 14 Cyc. 756. Alimony should, only be decreed where facts warrant separation: 70 S. E. 970; 14 Cyc. 754. No abuse of discretion to refuse alimony: 54 S. E. 194. Reference is optional zvith Judge: 17 Ency. P. & P. 986; 34 Cyc. 796.

Cited by 1 later decisions — most recently June 1913

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1913-03-28

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Mr. Justice Woods,

¶1 concurring. I concur in the result.

¶2 2 The Circuit Judge was 'bound to consider, and his decree indicates that he did consider, all the affidavits submitted on both sides as to all the issues involved, including the wife’s alleged drunkenness and other misconduct, in reaching his conclusion that the plaintiff had made out a prima facie case for the allowance of alimony and counsel fees.

¶3 The consideratioin of all the evidence on the prelimary motion was for the Circuit Judge, and this Court will not disturb his conclusion, unless it is clearly opposed to the weight of the evidence. As there was strong testimony on both sides, the conclusion of the Circuit Judge must stand.