Beeson v. Beeson

This is the question determinative of this appeal: Where a husband has instituted an action against his wife for absolute divorce on legal ground, under G.S. 50-6, is an action thereafter instituted by the wife against the husband for alimony without divorce under provisions of G.S. 50-16 abatable by reason of the pendency of the prior action by the husband?

A negative answer is found in the language of G.S. 50-16, as amended by Chapter 814 of 1955 Session Laws of North Carolina. Prior to the enactment of the amendment G.S. 50-16, formerly C.S. 1667, provided in pertinent part that “if any…