Barber v. . Barber

The question involved: Has the Superior Court power, by motion in the original cause in a suit instituted for alimony without divorce, to determine the amount owed by the defendant to the plaintiff under the former judgments of the court and to enter its decree judicially determining the amount so due and in arrears? We think so.

Where the pleadings for alimony without divorce (under sec. 1567, ch. 31 of Revisal, Laws of 1871-2, ch. 193, sec. 39) raises an issue of fact, it is for the jury to determine. Crews v. Crews, 175 N. C., 168. In the present action the issues of fact were settled by…