Norman v. Norman
Norman v. Norman
Concurring Opinion
concurring. I concur in the result.
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.
Opinion of the Court
The opinion of the Court was delivered by
This is an action for alimony. A motion was made, on notice before his Honor, Judge Prince, for alimony pendente lite, and also- for counsel fees.
The motion was heard on the complaint and answer, supported b}^ affidavits. At the hearing of the motion, the defendant asked for a reference to take testimony in regard to- the facts. This motion was refused and an order made upon the showing allowing to the plaintiff alimony pendente lite of ten dollars per month and two- hundred dollars counsel fee. From this order the defendant appealed upon four exceptions.
The first two exceptions complain that it was an abuse of discretion to make the order without a reference to- ascertain the facts.
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The defendant admitted that he had charged her with serious misconduct and that he had used the lamp, but said he had done it only to frighten her, thereby admitting the assault. In his answer he offered to take her back, but in his affidavit he withdrew the offer.
The only question was as to' the wife’s drunkenness and other misconduct, and surely it can not be expected to- allow such a question as that to be determined upon a preliminary motion.
These two exceptions are overruled. See Levin v. Levin, 68 S. C. 126, 46 S. E. 945, and Gordon v. Gordon, 91 S. C. 246, 74 S. E. 360, where the law is SO' clearly stated that it need not be restated.
The third exception complains that his Honor abused his discretion in finding that the plaintiff had made out a prima facie case. What has been said before applies here.
In order that there may be no- misapprehension as to the holding of this Court, it is well to define “disregard.” Century Dictionary — “Disregard”—“To treat as unworthy of regard or notice.” Evidence may be considered and still disregarded.
All exceptions are overruled.
The judgment of this Court is, that the order appealed from is affirmed.
*207 Mr. Justice Hydricic concurs in the result and in the remarks of Mr. Justice Woods.
Reference
- Full Case Name
- Norman v. Norman.
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Alimony — Sura Money. — It was not error for the Court to grant temporary alimony and suit money on the showing in this case by the wife that the husband had used abusive language to her and attempted to do her serious bodily harm, although charges were made against her of drunkenness and other misconduct. 2. Evidence may be “considered” and then “disregarded.”