From Casetext: Smarter Legal Research

Brooks v. Brooks

North Carolina Court of Appeals
Jul 1, 1974
206 S.E.2d 749 (N.C. Ct. App. 1974)

Opinion

No. 7419DC274

Filed 17 July 1974

APPEAL by Marshall Lee Brooks from Walker, District Judge, 24 September 1973 Session of District Court held in CABARRUS County. Heard in the Court of Appeals 14 May 1974.

Johnson and Jenkins, by James C. Johnson, Jr., for Annie Lee Meeks Brooks.

Carlton, Rhodes Thurston, by Graham M. Carlton, for Marshall Lee Brooks.


On 3 July 1972, Annie Lee Meeks Brooks instituted an action for alimony without divorce, alleging as grounds for relief that her husband, Marshall Lee Brooks, wilfully abandoned her. While the action for alimony without divorce was pending, on 9 April 1973, Marshall Lee Brooks instituted an action for absolute divorce upon the grounds of one year of separation. The two actions were consolidated for trial. The jury answered issues, including an issue of abandonment, in favor of Annie Lee Meeks Brooks and against Marshall Lee Brooks. Judgment was entered upon the verdict, awarding alimony and counsel fees to Annie Lee Meeks Brooks and dismissing the action by Marshall Lee Brooks for absolute divorce.


All of the assignments of error by Marshall Lee Brooks are to the trial judge's instructions to the jury. In our view, no useful purpose will be served by a detailed discussion of these. We have carefully examined each argument advanced by appellant and have examined the instructions to the jury. In our opinion, the instructions fairly and impartially submit the case to the jury under applicable principles of law. Reading the instructions in context and as a whole, we find no prejudicial error.

No error.

Judges CAMPBELL and BRITT concur.


Summaries of

Brooks v. Brooks

North Carolina Court of Appeals
Jul 1, 1974
206 S.E.2d 749 (N.C. Ct. App. 1974)
Case details for

Brooks v. Brooks

Case Details

Full title:ANNIE LEE MEEKS BROOKS v. MARSHALL LEE BROOKS MARSHALL LEE BROOKS v. ANNIE…

Court:North Carolina Court of Appeals

Date published: Jul 1, 1974

Citations

206 S.E.2d 749 (N.C. Ct. App. 1974)
206 S.E.2d 749