SIMMONS v. SIMMONS

No. 7422DC314.

205 S.E.2d 582 (1974)

22 N.C. App. 68

Marie D. SIMMONS v. Hughes A. SIMMONS.

Court of Appeals of North Carolina.

June 5, 1974.


Attorney(s) appearing for the Case

DeLapp, Hedrick & Harp by Sim A. DeLapp, Lexington, for plaintiff appellee.

Wilson & Biesecker by J. Lee Wilson, Lexington, for defendant appellant.


BRITT, Judge.

Defendant contends that the evidence presented, and the findings made by the trial judge, were not sufficient to support the order appealed from. We agree with the contention in one particular.

To qualify for alimony pendente lite, a dependent spouse must show, among other things, that said spouse does not have sufficient means whereon to subsist during the prosecution or defense of his or her action and to defray the necessary expenses thereof...

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