Rupert v. Rupert

PARKER, Judge.

First, plaintiff contends that under the evidence presented in this case he was entitled to a divorce as a matter of law. We disagree.

This contention is directed primarily to the fourth issue submitted to the jury, namely, was the separation due to the abandonment of defendant by plaintiff as alleged by defendant. It is well settled that where the husband sues the wife under G.S. 50-6 for an absolute divorce on the ground of one year’s separation, she may defeat his action by alleging and proving that the separation was caused by his abandonment of her. Eubanks v. Eubanks, 273…