Davidson County NcArchives Court.....K. K. Wood, Fannie Wood V. 1921
************************************************
Copyright.  All rights reserved.
http://www.usgwarchives.net/copyright.htm
http://www.usgwarchives.net/nc/ncfiles.htm
************************************************

File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a December 10, 2009, 6:15 pm

Source: North Carolina Reports Spring Term
Written: 1921

Fannie Wood v. K. K. Wood

(Filed 20 April, 1921)

1. Actions-Suits-Divorce-Venue-Statutes

The common-law rule that the wife should bring her action for divorce in the 
domicile of her husband was changed by Rev., 1559, under the title of "Venue," 
providing that the summons be returnable to the county wherein the applicant 
resides, and by amendment, chapter 229, Public Laws 1915, making the summons 
returnable to the county in which either the plaintiff or defendant resided.

2. Same-Demurrer

A demurrer to an action for divorce brought by the wife in the county of her 
own residence, when the husband resides in a different county, on the ground 
that the summons should have been made returnable to the county of his 
residence, is bad.

Appeal by defendant from Ray, J., at November Term, 1920, of Devidson.

This is an action for divorce a mensa et thoro because of cruel treatment, 
which rendered feme plaintiff's condition intolerable and her life burdensome.

It is not necessary to set forth in detail the specific allegations of 
cruelty. The case is here upon a motion to remove the same for trial to the 
county of Davie, where plaintiff's husband resides and has his domicile.

The motion was denied. Defendant thereupon appealed.

Walser & Walser for plaintiff
J.R. McCrary, A.T. Grant, Jr., and E.L. Gaither for defendant

[NC Supreme Court]
Walker, J.
Affirmed

[See court case for Judge Walker's findings]


File at: http://files.usgwarchives.net/nc/davidson/court/kkwood1246wl.txt

This file has been created by a form at http://www.poppet.org/ncfiles/

File size: 2.0 Kb