DEVIN, Justice.
On October 14, 1949, plaintiff instituted action for alimony without divorce, and for an allowance for subsistence and counsel fees pendente lite, under G.S. § 50-16. The summons was returned by the sheriff with the notation "defendant not to be found in Mecklenburg County." On October 29, following, the plaintiff had another summons issued labelled "alias summons," but subsequently this was dismissed by order of court as ineffective. However...
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