HOWELL v. HOWELL

No. 746DC655.

210 S.E.2d 216 (1974)

24 N.C. App. 127

Virginia Doris Collier HOWELL v. John James HOWELL. John J. HOWELL v. Virginia Doris Collier HOWELL.

Court of Appeals of North Carolina.

December 4, 1974.


Attorney(s) appearing for the Case

Johnson, Johnson & Johnson, by Bruce C. Johnson, Conway, for appellant.

No counsel contra.


BRITT, Judge.

Appellant's main contention is that the trial judge should have submitted the issue of constructive abandonment and should have instructed the jury on this issue. We agree. The primary ground of appellant's original action and the counterclaim to her husband's action for an absolute divorce is constructive abandonment. Evidence presented at the trial tended to show: Prior to the separation, Mr. Howell on several occasions had beaten Mrs. Howell, and...

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