Barker v. Dowdy

This is the same case that was before us on demurrer to the complaint at the Spring Term, 1943, reported in 223 N. C., 151, 25 S. E. (2d), 404. It is here now on demurrer to the evidence and the validity of the trial.

Defendant insists that plaintff’s own evidence shows his wife’s estrangement derives from their quarrel in August, 1941; that plaintiff told the officers in January, 1942, “Dowdy had been giving him trouble with his wife” for the past six months — just the length of time following the quarrel — and that his testimony of remonstrance is too fanciful to support a verdict for…