SCHLAGEL v. SCHLAGEL

No. 669.

117 S.E.2d 790 (1961)

253 N.C. 787

Mary Katherine SCHLAGEL v. Arthur Port SCHLAGEL, Jr.

Supreme Court of North Carolina.

January 20, 1961.


Attorney(s) appearing for the Case

J. W. Lasley, Chapel Hill, for plaintiff-appellant.

No counsel contra.


WINBORNE, Chief Justice.

The sole question presented on this appeal is whether or not a suit for alimony without divorce under G.S. § 50-16 is one in which a clerk of the Superior Court can enter a judgment by default and inquiry as provided by G.S. § 1-209 et seq. The answer is "No".

A brief history of the alimony without divorce law in this State shows that prior to 1872 there were no statutes allowing alimony without divorce, but in proper

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