Creech v. Creech

The court erred in failing to make findings with respect to the issue of plaintiff’s alleged adultery.

G.S. 50-16 provides that in a suit by a wife for alimony without divorce “it shall be competent for the husband to plead the adultery of the wife in bar of her right to such alimony, and if the wife shall deny such plea, and the issue be found against her by the judge, he shall make no order allowing her any sum whatever as alimony, or for her support, but only her reasonable counsel fees.” An allegation in an answer is deemed controverted without necessity of reply if it does not relate to a…