Silver v. . Silver

BarNhill, <T.

The plaintiff in this cause entered a demurrer ore terms to the cross complaint for that it fails to state facts sufficient to constitute a cross action. The demurrer must be overruled. The facts alleged in the cross action are sufficient to sustain at least defendant’s prayer for alimony pendente lite.

The judgment below cannot be sustained under C. S., 1667. This section “only applies to independent suits for alimony” and a decree thereunder cannot be entered in a cross action by a wife in a suit instituted by the husband. Dawson v. Dawson, 211 N. C., 453, 190 S. E., 749, and…