CREECH v. CREECH

No. 315.

123 S.E.2d 793 (1962)

256 N.C. 356

Nancy Johnson CREECH v. James Osborne CREECH.

Supreme Court of North Carolina.

February 2, 1962.


Attorney(s) appearing for the Case

Jones, Reed & Griffin, Kinston, for defendant, appellant.

J. Harvey Turner, Kinston, for plaintiff, appellee.


MOORE, Justice.

The court erred in failing to make findings with respect to the issue of plaintiff's alleged adultery.

G.S. § 50-16 provides that in a suit by a wife for alimony without divorce "it shall be competent for the husband to plead the adultery of the wife in bar of her right to such alimony, and if the wife shall deny such plea, and the issue be found against her by the judge, he shall make no order allowing her any sum whatever as alimony...

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