Perkins v. Perkins

On 14 October, 1949, plaintiff instituted action for alimony without divorce, and for an allowance for subsistence and counsel fees pendente lite, under G.S. 50-16. The summons was returned by the sheriff with the notation “defendant not to be found in Mecklenburg County.” On 29 October, following, the plaintiff had another summons issued labeled "alias summons,” but subsequently this was dismissed by order of court as ineffective. However, by amendment to her complaint and affidavits setting forth that the defendant had abandoned her and left the State, and that he owned real property in the…