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GASKINS v. GASKINS

No. 110.

159 S.E.2d 318 (1968)

273 N.C. 133

Trudy Buck GASKINS v. William Earl GASKINS.

Supreme Court of North Carolina.

February 28, 1968.

Attorney(s) appearing for the Case

Sam B. Underwood, Jr., Greenville, for plaintiff appellant.

M. E. Cavendish, Greenville, for defendant appellee.

PER CURIAM:

To establish her right to alimony under G.S. § 50-16, plaintiff undertook to prove that defendant, by his assaults and cruel treatment, had put her in such fear for her safety that she was compelled to leave home. In such a situation, the abandonment would be his—not hers—and the judge so instructed the jury. Bailey v. Bailey, 243 N.C. 412, 90 S.E.2d 696; Caddell v....

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