GARNER v. GARNER

No. 609.

154 S.E.2d 46 (1967)

270 N.C. 293

Grace Ferguson GARNER v. Johnie D. GARNER.

Supreme Court of North Carolina.

May 3, 1967.


Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff appellant.

Walker, Anderson, Bell & Ogburn, by, Deane F. Bell, Asheboro, for defendant appellee.


PER CURIAM.

The law applicable to this case is well stated in Butler v. Butler, 226 N.C. 594, 39 S.E.2d 745, where Seawell, J., speaking for the Court, said:

"The allowance of support and counsel fees pendente lite in a suit by the wife against the husband for divorce or alimony without divorce is, in certain aspects, within the discretion of the court. It is not, however, an absolute discretion to be exercised...

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