Supreme Court of North Carolina, 1950

Reece v. Reece

Reece v. Reece
Supreme Court of North Carolina · Decided May 10, 1950 · Ervin
59 S.E.2d 363; 232 N.C. 95; 1950 N.C. LEXIS 409 (South Eastern Reporter, Second Series)
Reece v. Reece

Cases that cite this one

2 later published cases cite this decision.

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Opinion

EbviN, J.

The statute now codified as G-.S. 50-16 was enacted to establish an efficient procedure for enforcement of the marital right of the wife to support by the husband. Such right does not exist, however, in favor of a wife who has abandoned her husband without just cause. This being true, the court rightly refused the application of the plaintiff for an allowance for subsistence from the estate or earnings of the defendant pending the trial. Byerly v. Byerly, 194 N.C. 532, 140 S.E. 158; McManus v. McManus, 191 N.C. 140, 133 S.E. 9. See, also: Pollard v. Pollard, 221 N.C. 46, 19 S.E. 2d 1; and Byrum v. Byrum, 207 N.C. 655, 178 S.E. 97. In consequence, the order in question is

Affirmed.

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