MALLARD v. MALLARD

No. 675.

68 S.E.2d 247 (1951)

234 N.C. 654

MALLARD v. MALLARD.

Supreme Court of North Carolina.

December 12, 1951.


Attorney(s) appearing for the Case

F. LeVerne Adams, Rowland and F. D. Hackett, Jr., Lumberton, for plaintiff, appellee.

Varser, McIntyre & Henry, Lumberton, for defendant, appellant.


ERVIN, Justice.

While the third issue is phrased in the language of G.S. § 50-5(4), the plaintiff bottoms his case on G.S. § 50-6. Moreover, the record reveals that the action was tried under the last mentioned statute in the court below.

G.S. § 50-6 specifies that "Marriages may be dissolved and the parties thereto divorced from the bonds of matrimony on the application of either party, if and when the husband and wife have lived separate and...

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