No. 6919SC158.

167 S.E.2d 836 (1969)

5 N.C. App. 185

James F. HUDSON v. Flora Mae Overton HUDSON.

Court of Appeals of North Carolina.

June 18, 1969.

Attorney(s) appearing for the Case

Walker, Bell & Ogburn, by John N. Ogburn, Jr., Asheboro, for the plaintiff.

Ottway Burton, Asheboro, for the defendant.

BROCK, Judge.

Defendant argues that she filed a counterclaim for alimony without divorce, and therefore plaintiff could not take a voluntary nonsuit to defeat her counterclaim. If defendant had filed a counterclaim, the principle of law argued by defendant would seem to apply. Cox v. Cox, 246 N.C. 528, 98 S.E.2d 879; McIntosh, N.C.Practice 2d, § 1645...

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