Fogartie v. Fogartie

Tbe defendant contends that the court below committed error in allowing the plaintiff alimony pendente lite and counsel fees. With this we cannot agree.

The statute under which the plaintiff seeks relief (G.S. 50-16) provides two remedies — one, for alimony .without divorce; and the other, for a reasonable subsistence and counsel fees pendente lite. McFetters c. McFetters, 219 N.C. 731, 14 S.E. 2d 833; Taylor v. Taylor, 197 N.C. 197, 148 S.E. 171.

The remedy thus established for the subsistence of the wife pending the trial and final determination of the issues involved and for her counsel fees…