Supreme Court of North Carolina, 1926

Simmons v. . Simmons

Simmons v. . Simmons
Supreme Court of North Carolina · Decided November 17, 1926 · PER CURIAM.
135 S.E. 350; 192 N.C. 825; 1926 N.C. LEXIS 438 (South Eastern Reporter)

Simmons v. . Simmons

Opinion of the Court

Pee CueiaM.

This is an action to have a reasonable subsistence and counsel fees paid or secured to the plaintiff from the estate or earnings of the defendant, her husband, as provided in 3 C. S., 1667. The plaintiff’s motion was heard upon the pleadings, the affidavits, and the oral testimony, and it was adjudged that the defendant pay the plaintiff’s attorneys $100 for their services, and that he pay into the office of the clerk $35 a month for the benefit of the plaintiff and her child. The judgment must be affirmed upon the authority of decisions heretofore rendered, there being no charge of adultery against the plaintiff. McManus v. McManus, 191 N. C., 740; Price v. Price, 188 N. C., 640; Barbee v. Barbee, 187 N. C., 538; Anderson v. Anderson, 183 N. C., 139.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.