Trull v. . Trull

This appeal presents this question only: Do the facts alleged in the complaint constitute a cause of action for alimony without divorce ?

The court below ruled that it does state such cause of action, and this Court, testing the allegations of the complaint by pertinent portions of G. S., 50-16, and by decisions in the cases of Brooks v. Brooks, 226 N. C., 280, 37 S. E. (2d), 909, and Best v. Best, 228 N. C., 9, 44 S. E. (2d), 214, is in agreement with that ruling. The statute, G. S., 50-16, provides in pertinent part that if any husband shall separate himself from his wife and fail to provide…