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PARKER v. PARKER

No. 456.

134 S.E.2d 174 (1964)

261 N.C. 176

Anne McCoy PARKER v. William Marvin PARKER.

Supreme Court of North Carolina.

January 17, 1964.

Attorney(s) appearing for the Case

George M. Anderson, Raleigh, for plaintiff appellee.

Emanuel & Emanuel, Raleigh, for defendant appellant.

PER CURIAM:

Defendant's assignment of error No. 3 must be sustained. G.S. § 50-16 does not authorize the judge, in passing on a motion for alimony pendente lite, to award a wife subsistence and counsel fees merely because she and her husband have separated. A wife who has abandoned her husband without just cause or who, by her wrongful conduct has forced him to leave home, has no right to alimony. Reece v. Reece, 232 N.C. 95

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