IN RE SAULS

No. 538.

154 S.E.2d 327 (1967)

270 N.C. 180

In the Matter of the Custody of Harvin Austin SAULS, III.

Supreme Court of North Carolina.

May 3, 1967.


Attorney(s) appearing for the Case

Robert L. Scott, Charlotte, for Harvin Austin Sauls, Jr., petitioner appellee.

Lucas, Rand, Rose, Morris & Meyer, Wilson, Coble, Tanner & Grigg, Albemarle, Ruff, Perry, Bond, Cobb & Wade, Charlotte, for Dorothy Wheeler Sauls, respondent appellant.


SHARP, Justice.

The rights of the parties to this controversy have become embogged in a procedural quagmire. As a result, we have the anomalous situation in which petitioner, in his answer to the Wilson County divorce action, pleads respondent's departure from his home in Albemarle on 21 September 1965 as an abandonment which defeats her suit, while the judge presiding in Stanly County denies her motion to dismiss the habeas corpus proceeding pending there because...

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