Holcomb v. Holcomb

The granting or denial of a motion for temporary alimony (pendente lite) is within the discretion of the trial judge and as such is normally not reviewable on appeal. Griffith v. Griffith, 265 N.C. 521, 144 S.E. 2d 589 (1965).

However, the same may not be said about a dismissal of an action for alimony without divorce, as was done in this case by order dated 1 December 1969.

Issues of fact raised by the pleadings, as in the instant case, must be tried by a jury unless there has been a waiver of that right. G.S. 1-172.

A jury determination of “any issue triable of right by a jury” *333may be…