Smith v. Smith

VAUGHN, Judge.

The judgment of absolute divorce in the husband’s action proscribed any subsequent judgment awarding alimony in this action instituted by the wife. Yow v. Yow, 243 N.C. 79, 89 S.E. 2d 867. In Yow, after holding that a judgment of absolute divorce in the husband’s action did not annul the right of his former wife to receive assistance 'pendente lite under an order rendered in her action for alimony without divorce, before the commencement of the proceedings for absolute divorce, the court said:

“Since the institution of plaintiff’s action for alimony without divorce, the defendant…