Southern v. Southern

PARKER, Judge.

In his first assignment of error, defendant contends that the court improperly denied his motion to dismiss under G.S. 1A-1, Rule 12(b)(6). He relies principally on the claim that plaintiff’s failure to verify her complaint deprived the court of subject matter jurisdiction. Although the Order and Judgment of the trial court recites that plaintiff did verify the complaint prior to judgment, there is no evidence of such a verification in the record.

Prior to 1967, G.S. § 50-16 provided in pertinent part:

“In actions [for alimony without divorce] brought under this section, the wife…