Miller v. Miller

Defendant’s first two assignments of error relate to the refusal of the judge to allow him to cross-examine plaintiff and to elicit oral testimony from his mother. In recognition of the limitations of time and the duration of sessions of court, the General Assembly provided in G.S. 50-16 that applications for alimony pendente lite “may be heard in or out of term, orally or upon affidavit, or either or. both.” With these words, the legislature gave the judge hearing the motion the discretion to decide in what form he should receive the evidence in his efforts to ascertain the truth. In hearing…