MYERS v. MYERS

No. 824DC586.

302 S.E.2d 476 (1983)

Woodrow H. MYERS v. Patricia Lyon MYERS.

Court of Appeals of North Carolina.

May 17, 1983.


Attorney(s) appearing for the Case

Ellis, Hooper, Warlick, Waters & Morgan by Lana S. Warlick, Jacksonville, for plaintiff-appellee.

Nichols, Caffrey, Hill, Evans & Murrelle by Charles E. Nichols, William W. Jordan and Harold W. Beavers, Greensboro, Hamilton & Sandlin by Billy G. Sandlin, Jacksonville, for defendant-appellant.


HILL, Judge.

Plaintiff in his complaint filed 15 July 1981 alleged the parties separated on 14 June 1980 and have lived continuously separate and apart since then. The defendant denied this allegation. At trial, plaintiff's evidence conformed to his pleadings. The jury returned a verdict in favor of plaintiff, granting him an absolute divorce from defendant based on one year's separation.

The essential question raised on this appeal is whether the plaintiff...

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