DAVIS v. DAVIS

No. 197.

152 S.E.2d 306 (1967)

269 N.C. 120

Mary F. DAVIS v. Herbert Lee DAVIS, Jr.

Supreme Court of North Carolina.

January 20, 1967.


Attorney(s) appearing for the Case

Rountree & Clark, Wilmington, for plaintiff appellant.

Poisson & Barnhill, Wilmington, for defendant appellee.


BOBBITT, Justice.

During oral argument, it became apparent there was a misunderstanding as to whether the cause was calendared for final hearing or for hearing on a motion for alimony and counsel fees pendente lite.

The evidence before Judge Cowper, offered by plaintiff, consists of an affidavit by plaintiff and of plaintiff's testimony, on direct and cross-examination. The only evidence offered by defendant (Exhibit D-1) consists of the summons, the...

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