Peele v. . Peele

In this case plaintiff sued for alimony without divorce under C. S., 1667, and applied for subsistence and counsel fees pendente lite. From an order making such allowance, defendant appealed.

The power of the judge to allow alimony and attorneys’ fees to the wife pendente lite in divorce cases and to find the necessary facts for his guidance in the exercise of that power without the aid of a jury has been long recognized. C. S., 1666, Michie’s Code of 1935. Observe historical note. Formerly, in this State, alimony without divorce was a matter of equity jurisdiction. Crews v. Crews, 175 N. C.,…