CADDELL v. CADDELL

No. 527.

73 S.E.2d 923 (1953)

236 N.C. 686

CADDELL v. CADDELL

Supreme Court of North Carolina.

January 6, 1953.


Attorney(s) appearing for the Case

Henry E. Fisher, Charlotte, for plaintiff, appellant.

Elbert E. Foster, Charlotte, for defendant, appellee.


JOHNSON, Justice.

The plaintiff is suing for alimony without divorce under G.S. § 50-16.

By the terms of this statute a wife may institute an action to have a reasonable subsistence and counsel fees allotted to her from the estate or earnings of the husband in either of these two general classes of factual situations: (1) "If any husband shall separate himself from his wife and fail to provide her and the children of the marriage with the necessary subsistence...

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