McLeod v. McLeod

This case has been presented to the Court by attorneys as a case which turns on whether the pendency of a prior action in Mecklenburg for alimony without divorce between the same parties abates the action in Stanley County for absolute divorce. The appellant relies on Cameron v. Cameron, 235 N.C. 82, 68 S.E. 2d 796. The appellee relies on Fullwood v. Fullwood, 270 N.C. 421, 154 S.E. 2d 473.

The Cameron case holds that the pendency of an action for divorce from bed and board on the ground of abandonment abates an action for absolute divorce. The test that determines when such a suit will abate…