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PRESSLEY v. PRESSLEY

No. 17.

134 S.E.2d 609 (1964)

261 N.C. 326

Hellen G. PRESSLEY v. Thomas D. PRESSLEY.

Supreme Court of North Carolina.

February 26, 1964.

Attorney(s) appearing for the Case

Wade Hall, Asheville, for plaintiff appellant.

Ferguson & McDarris, by Frank D. Ferguson, Jr., Waynesville, and Lee, Lee & Cogburn, by Max O. Cogburn, Asheville, for defendant appellee.

PARKER, Justice.

Plaintiff is suing for alimony without divorce under G.S. § 50-16. By the terms of this statute, a wife may institute an action in the superior court to have a reasonable subsistence and counsel fees allotted and paid or secured to her from the estate or earnings of her husband, if he "be guilty of any misconduct or acts that would be or constitute cause for divorce, either absolute or from bed and board." G.S. § 50-7 provides, "The superior...

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