MABRY v. MABRY

No. 382.

90 S.E.2d 221 (1955)

243 N.C. 126

Geneva Edwards MABRY v. Russell MABRY.

Supreme Court of North Carolina.

November 23, 1955.


Attorney(s) appearing for the Case

John Kerr, Jr., Warrenton, for plaintiff.

James D. Gilliland, Warrenton, guardian ad litem for defendant.


DENNY, Justice.

The sole question for determination on this appeal is whether or not the two periods of probation referred to above constitute such release from confinement in the State Hospital as to defeat the plaintiff's right to a divorce.

The pertinent part of G.S. § 50-5, subsection 6, as amended, reads as follows: "In all cases where a husband and wife have lived separate and apart for five consecutive years, without cohabitation, and are still...

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