Earles v. Earles

CLARK, Judge.

The order striking defendant’s entire answer is appeal-able. Bank v. Printing Co., 7 N.C. App. 359, 172 S.E. 2d 274 (1970).

Defendant’s only assignment of error presents the question of whether an order awarding a wife alimony pendente lite and undisturbed possession of the residence constitutes a legal separation such that in an action for absolute divorce under G.S. 50-6 the one-year separation begins to run on the date of the order.

The words “separate and apart,” as used in G.S. 50-6, mean that there must be both a physical separation and an intention on the part of at least…