{
  "id": 2091732,
  "name": "MARY LYNCH v. AARON LYNCH",
  "name_abbreviation": "Lynch v. Lynch",
  "decision_date": "1866-06",
  "docket_number": "",
  "first_page": "46",
  "last_page": "47",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Phil. Eq. 46"
    },
    {
      "type": "official",
      "cite": "62 N.C. 46"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T20:56:26.929259+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "MARY LYNCH v. AARON LYNCH."
    ],
    "opinions": [
      {
        "text": "Reade, J.\nThe 15th section of ch.. 39, of the Rev. Code, authorizes the Superior Courts to decree alimony at any time \u201cpending the suit;\u201d for the meaning of which phrase we may refer to Simmons v. Simmons, post p. 63. In the present case his Honor made the decree at the return term, after the coming in of the answer; and, in\u201d considering the appeal that has been taken, this court is allowed by the express words of the section above cited, to \u201c re-examine only the sufficiency of the petition to entitle the petitioner to relief.\u201d That petition, among other things, alleges that the defendant is guilty of adultery. If this he true, it is\u201dsufficient to entitle the petitioner to relief.\nThe alimony in question was allowed in 1864, and its amount may he excessive now ; hut it will he within the power of the court below to revise that allowance, and adjust it to present circumstances.\nThe interlocutory order must he affirmed.\nThis opinion will he certified to the court below.\nPer, Curiam.\nOrdered accordingly.",
        "type": "majority",
        "author": "Reade, J. Per, Curiam."
      }
    ],
    "attorneys": [
      "Gilmer, for the petitioner.",
      "MoreJiead, for the defendant."
    ],
    "corrections": "",
    "head_matter": "MARY LYNCH v. AARON LYNCH.\nUpon appeals from interlocutory orders granting alimony pendente lite, the Supreme Court founds its decree on a re-examination of the petition only.\nWhere such petition alleges adultery, it is a sufficient foundation for the order appealed from.\nPetition, for divorce and alimony, filed at Spring Term, 1864, of the Court of Equity for Stokes county.\nThe petition alleged adultery and other matters as ground for the relief desired. These allegations were denied, specifically and distinctly, by the answer.\nAt Fall Term, 1864, after the answer had been filed and replication thereto taken by the petitioner, upon motion of the latter the court allowed her alimony pendente lite, and from that decree the defendant appealed.\nGilmer, for the petitioner.\nMoreJiead, for the defendant."
  },
  "file_name": "0046-01",
  "first_page_order": 54,
  "last_page_order": 55
}