WHITAKER v. WHITAKER

No. 7215DC578.

192 S.E.2d 80 (1972)

16 N.C. App. 432

Billie Johnson WHITAKER v. John William WHITAKER.

Court of Appeals of North Carolina.

October 25, 1972.


Attorney(s) appearing for the Case

Dalton & Long, by W. R. Dalton, Jr., Burlington, for plaintiff appellee.

Ross, Wood & Dodge, by Harold T. Dodge, Welker O. Shue, Graham, for defendant appellant.


VAUGHN, Judge.

The question presented is as follows: In an action for alimony without divorce based on abandonment, does the failure of defendant to file answer constitute an admission of the abandonment? G.S. § 50-16.8(a), effective 1 October 1967, provides that "the procedure in actions for alimony and actions for alimony pendente lite shall be as in other civil actions".

There is no question but that an answer is required in "other civil actions."...

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