BEESON v. BEESON

No. 593.

98 S.E.2d 17 (1957)

246 N.C. 330

Jennie E. BEESON v. Elmer BEESON.

Supreme Court of North Carolina.

May 22, 1957.


Attorney(s) appearing for the Case

J. V. Morgan, Edward N. Post, High Point, for plaintiff appellant.

Coltrane & Gavin, Asheboro, for defendant appellee.


WINBORNE, Chief Justice.

This is the question determinative of this appeal: Where a husband has instituted an action against his wife for absolute divorce on legal ground, under G.S. § 50-6, is an action thereafter instituted by the wife against the husband for alimony without divorce under provisions of G.S. § 50-16 abatable by reason of the pendency of the prior action by the husband?

A negative answer is found in the language of G.S. § 50...

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