{ "id": 8554552, "name": "IRIS MARIE ROBERTS RAYLE v. JACK HELMA RAYLE", "name_abbreviation": "Rayle v. Rayle", "decision_date": "1974-02-06", "docket_number": "No. 7419DC110", "first_page": "594", "last_page": "599", "citations": [ { "type": "official", "cite": "20 N.C. App. 594" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "103 N.Y.S., 134", "category": "reporters:state", "reporter": "N.Y.S.", "case_ids": [ 7661884 ], "opinion_index": 0, "case_paths": [ "/nys/103/0134-01" ] }, { "cite": "57 So., 477", "category": "reporters:state_regional", "reporter": "So.", "case_ids": [ 3556892 ], "opinion_index": 0, "case_paths": [ "/ala/175/0211-01" ] }, { "cite": "41 A., 136", "category": "reporters:state_regional", "reporter": "A.", "opinion_index": 0 }, { "cite": "30 A. 672", "category": "reporters:state_regional", "reporter": "A.", "opinion_index": 0 }, { "cite": "46 Conn., 380", "category": "reporters:state", "reporter": "Conn.", "case_ids": [ 755867 ], "opinion_index": 0, "case_paths": [ "/conn/46/0380-01" ] }, { "cite": "40 S.E. 2d 609", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1946, "opinion_index": 0 }, { "cite": "227 N.C. 80", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8621327 ], "year": 1946, "opinion_index": 0, "case_paths": [ "/nc/227/0080-01" ] }, { "cite": "186 S.E. 473", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "210 N.C. 406", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8626664 ], "opinion_index": 0, "case_paths": [ "/nc/210/0406-01" ] }, { "cite": "131 S.E. 2d 335", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "259 N.C. 672", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8561989 ], "opinion_index": 0, "case_paths": [ "/nc/259/0672-01" ] }, { "cite": "149 S.E. 2d 1", "category": "reporters:state_regional", "reporter": "S.E.2d", "pin_cites": [ { "page": "5" } ], "opinion_index": 0 }, { "cite": "267 N.C. 665", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8560451 ], "pin_cites": [ { "page": "671" } ], "opinion_index": 0, "case_paths": [ "/nc/267/0665-01" ] }, { "cite": "90 S.E. 439", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "172 N.C. 915", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11256259 ], "opinion_index": 0, "case_paths": [ "/nc/172/0915-01" ] }, { "cite": "49 S.E. 2d 797", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "opinion_index": 0 }, { "cite": "229 N.C. 360", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 12166064 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nc/229/0360-01" ] }, { "cite": "64 S.E. 2d 410", "category": "reporters:state_regional", "reporter": "S.E.2d", "pin_cites": [ { "page": "413" } ], "opinion_index": 0 }, { "cite": "233 N.C. 422", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8609700 ], "pin_cites": [ { "page": "426" } ], "opinion_index": 0, "case_paths": [ "/nc/233/0422-01" ] }, { "cite": "107 S.E. 505", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "181 N.C. 621", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8658160 ], "opinion_index": 0, "case_paths": [ "/nc/181/0621-01" ] }, { "cite": "70 S.E. 2d 575", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "235 N.C. 484", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8625551 ], "pin_cites": [ { "page": "487" } ], "opinion_index": 0, "case_paths": [ "/nc/235/0484-01" ] }, { "cite": "136 S.E. 2d 67", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "261 N.C. 754", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8575547 ], "pin_cites": [ { "page": "757" } ], "opinion_index": 0, "case_paths": [ "/nc/261/0754-01" ] }, { "cite": "164 S.E. 2d 2", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1968, "pin_cites": [ { "page": "6-7" } ], "opinion_index": 0 }, { "cite": "274 N.C. 473", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8560662 ], "year": 1968, "pin_cites": [ { "page": "478-479" } ], "opinion_index": 0, "case_paths": [ "/nc/274/0473-01" ] } ], "analysis": { "cardinality": 643, "char_count": 10683, "ocr_confidence": 0.603, "pagerank": { "raw": 8.138363859351185e-08, "percentile": 0.47318550232079165 }, "sha256": "4342eae1da8c8b0540f0c2bb148d3a58e4a3edac93197bdb7367c7809a40f882", "simhash": "1:e3675c252baf66d6", "word_count": 1797 }, "last_updated": "2023-07-14T15:39:00.958655+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges Parker and Vaughn concur." ], "parties": [ "IRIS MARIE ROBERTS RAYLE v. JACK HELMA RAYLE" ], "opinions": [ { "text": "BRITT, Judge.\nIn her principal assignment of error, plaintiff contends the trial court erred in submitting issues 3 and 4 with respect to whether plaintiff was a dependent spouse and defendant was a supporting spouse. She contends that an affirmative answer to the second issue, wherein the jury found that defendant abandoned plaintiff, and the absence of evidence that defendant was incapable of supporting her, entitled plaintiff to alimony as a matter of law. We reject these contentions.\nG.S. 50-16.1, subsections (3) and (4) provide:\n\u201c(3) \u2018Dependent spouse\u2019 means a spouse, whether husband or wife, who is actually substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse.\n\u201c (4) \u2018Supporting spouse\u2019 means a spouse, whether husband or wife, upon whom the other spouse is actually substantially dependent or from whom such other spouse is substantially in need of maintenance and support. A husband is deemed to be the supporting spouse unless he is incapable of supporting his wife.\u201d\nCrucial to a decision in this case is an interpretation of the last sentence of G.S. 50-16.1 (4) : \u201cA husband is deemed to be the supporting spouse unless he is incapable of supporting his wife.\u201d Since there was no evidence that defendant was incapable of supporting his wife, our specific question is, what is meant by \u201ca husband is deemed to be the supporting spouse?\u201d\nOur overall guide in interpreting and construing statutes is well stated by Justice Huskins in Underwood v. Howland, Comr. of Motor Vehicles, 274 N.C. 473, 478-479, 164 S.E. 2d 2, 6-7 (1968), as follows:\n\u201cThis requires us to construe and interpret the language of the statute. In this task we are guided by the primary rule of construction that the intent of the legislature controls. Tn the interpretation of statutes, the legislative will is the all important or controlling factor. Indeed, it is frequently stated in effect that the intention of the legislature constitutes the law. The legislative intent has been designated the vital part, heart, soul, and essence of the law, and the guiding star in the interpretation thereof.\u2019 50 Am. Jur., Statutes, Sec. 223. As stated by Bobbitt, J., in Lockwood v. McCaskill, 261 N.C. 754, 757, 136 S.E. 2d 67, 69: Tn performing our judicial task, \u201cwe must avoid a construction which will operate to defeat or impair the object of the statute, if we can reasonably do so without violence to the legislative language.\u201d Ballard v. Charlotte, 235 N.C. 484, 487, 70 S.E. 2d 575 [577].\u2019 Furthermore, \u2018 . . . where a strict literal interpretation of the language of a statute would contravene the manifest purpose of the Legislature, the reason and purpose of the law should control, and the strict letter thereof should be disregarded. S. v. Barksdale, 181 N.C. 621, 107 S.E. 505.\u2019 Duncan v. Carpenter, 233 N.C. 422, 426, 64 S.E. 2d 410, 413. And, where possible, \u2018the language of a statute will be interpreted so as to avoid an absurd consequence. Young v. Whitehall Co., 229 N.C. 360, 49 S.E. 2d 797; State v. Scales, 172 N.C. 915, 90 S.E. 439. A statute is never to be construed so as to require an impossibility if that result can be avoided by another fair and reasonable construction of its terms.\u2019 Hobbs v. Moore County, 267 N.C. 665, 671, 149 S.E. 2d 1, 5.\n\u201cIf the language of a statute is clear and unambiguous, judicial construction is not necessary. Its plain and definite meaning controls. Davis v. Granite Corporation, 259 N.C. 672, 131 S.E. 2d 335. But if the language is ambiguous and the meaning in doubt, judicial construction is required to ascertain the legislative intent. State v. Humphries, 210 N.C. 406, 186 S.E. 473; Young v. Whitehall Co., supra (229 N.C. 360, 49 S.E. 2d 797).\n\u201cWords and phrases of a statute \u2018must be construed as a part of the composite whole and accorded only that meaning which other modifying provisions and the clear intent and purpose of the act will permit.\u2019 7 Strong\u2019s N. C. Index 2d, Statutes, Sec. 5.\u201d\nA large part of the statutory law in this jurisdiction relating to alimony was rewritten by the 1967 General Assembly pursuant to a study and report by a distinguished Committee on Family Law. The rewrite is set forth in Chapter 1152 of the 1967 Session Laws, now codified for the most part as G.S. 50-16.1, et seq. It appears from our research that the sentence we are attempting to interpret was adopted as a floor amendment in the waning days of the legislative session, therefore, was not subjected to the close scrutiny given other provisions of the act.\nWhile the phrase \u201cunless he is incapable of supporting his wife\u201d presents no problem here, it will, no doubt, present problems in other cases. The word in the sentence that presently poses difficulty is \u201cdeemed\u201d and definitions given the word in dictionaries provide very little help. In the widely used The Synonym Finder, by J. I. Rodale and Staff, we find \u201cdeem\u201d listed as a synonym for \u201cpresume.\u201d Equating the terms \u201cdeem\u201d and \u201cpresume\u201d finds support in Davis v. Indemnity Co., 227 N.C. 80, 40 S.E. 2d 609 (1946), in an opinion by Justice (later Chief Justice) Barnhill. In Davis, the court was confronted with the interpretation of the provision \u201cmysterious disappearance of any insured property shall be presumed to be due to theft\u201d incorporated in an insurance policy as a part of the definition of theft. The court held (pages 82-83, 610-611) :\n\u201cThis more liberal definition of theft, thus provided, creates a rule of evidence binding on the parties. Proof of the mysterious disappearance of insured property, nothing else appearing, is proof of theft .... It is stipulated that the inference of theft arises, as of course, upon proof of a mysterious disappearance.\n\u201cThis conclusion or inference is more than a mere permissive inference. Theft is tribe presumed, arid to presume means to take for granted until the contrary is proved, Morford v. Peck, 46 Conn., 380, Green v. Maloney, 30 A. 672, S. v. Evans, 41 A., 136; to deem, Cooper v. Slaughter, 57 So., 477; to accept as being entitled to belief without examination or proof, Ferrari v. Interurban St. Ry. Co., 103 N.Y.S., 134. So then it is agreed that when insured property mysteriously disappears it shall be deemed or taken for granted that it was stolen.\n\u201cBut, in our opinion, it does not constitute an irrebut-table presumption. Theft is presumed or taken for granted unless the contrary is made to appear. The surrounding facts and circumstances, if any, which tend to show that the property was lost or mislaid or that its disappearance was not in fact due to theft are to be considered by the jury in arriving at a verdict, the burden of proof being at all times on the plaintiff.\u201d\nApplying the stated principles to the task at hand, we think the General Assembly intended that the term \u201cdeemed\u201d should have the same meaning as \u201cpresumed\u201d; that the term creates a rule of evidence; and that it will be taken for granted that a husband is the supporting spouse until the contrary is shown. But, in our opinion, the sentence does not constitute an irrebut-table presumption and where there is evidence tending to show that the husband is not the supporting spouse, a question of fact for jury determination is presented. Davis v. Indemnity Co., supra.\nA different construction would render meaningless many portions of the 1967 act, particularly the provisions of Subsections (3) and (4) of G.S. 50-16.1 defining \u201cdependent spouse\u201d and \u201csupporting spouse,\u201d and contravene the manifest purpose of the General Assembly.\nThe evidence in the case at bar tended to show: Plaintiff and defendant were married in 1950 and their only child was born in 1958. Plaintiff had been employed outside of the home continuously since the marriage except for six years following the birth of their child. At the time of the trial, she was employed by Loflin\u2019s Hosiery Mill and worked there during all of 1972. During 1972, her gross earnings exceeded $6,000, \u201csomething like $6,900.\u201d In 1972, defendant had an income of $6,000 but prior to 1972 his annual income was as much as $7,000. Plaintiff did not know if defendant had any savings account but during the ten year period prior to the trial, she had accumulated $6,000 in savings.\nWe hold that the court did not err in submitting issues 3 and 4 to the jury, and, when they were answered in the negative, entering judgment in favor of defendant.\nWe have considered the other assignments of error properly brought forward and argued in plaintiff\u2019s brief but find them to be without merit.\nNo error.\nJudges Parker and Vaughn concur.", "type": "majority", "author": "BRITT, Judge." } ], "attorneys": [ "Ottway Burton for plaintiff appellant.", "Bell, Ogburn & Redding, by William, H. Heafner, for defendant appellee." ], "corrections": "", "head_matter": "IRIS MARIE ROBERTS RAYLE v. JACK HELMA RAYLE\nNo. 7419DC110\n(Filed 6 February 1974)\nDivorce and Alimony \u00a7 16\u2014 presumption that husband is supporting spouse \u2014 rebutting evidence \u2014 jury question\nIn the provision of G.S. 50-16.1(4) stating, \u201cA husband is deemed to be the supporting spouse unless he is incapable of supporting his wife,\u201d the word \u201cdeemed\u201d has the same meaning as \u201cpresumed\u201d and the provision creates a presumption which may be rebutted; therefore, where there is evidence tending to show that the husband is not the supporting spouse, a question of fact for jury determination is presented.\nAppeal by plaintiff from Warren, Judge, 20 August 1973 Session of District Court held in Randolph County.\nIn this action plaintiff seeks alimony without divorce, possession of certain real estate, and the custody of and support for the minor child of the parties. On 26 June 1973, pursuant to a hearing, the court entered an order awarding the custody of the child to plaintiff with visitation privileges in defendant, requiring defendant to pay $200 per month for the support of the child, and awarding plaintiff possession of certain real estate with a proviso that defendant pay any indebtedness outstanding on the real estate. The court denied plaintiff\u2019s motion for temporary alimony.\nAt the 20 August 1973 Session of the court, the case came on for trial on the merits on plaintiff\u2019s claim for permanent alimony. Issues were submitted to and answered by the jury as follows:\n\u201c1. Were the plaintiff and defendant married to each other on July 2, 1950, as alleged in the complaint?\nAnswer: Yes.\n2. Did the defendant abandon the plaintiff as alleged in the complaint?\nAnswer: Yes.\n3. Is the defendant a supporting spouse as alleged in the complaint?\nAnswer: No.\n4. Is the plaintiff a dependent spouse as alleged in the complaint?\nAnswer: No.\u201d\nFrom judgment denying plaintiff permanent alimony, she appealed.\nOttway Burton for plaintiff appellant.\nBell, Ogburn & Redding, by William, H. Heafner, for defendant appellee." }, "file_name": "0594-01", "first_page_order": 622, "last_page_order": 627 }