Schlagel v. Schlagel

WinboRNE, C. J.:

The sole question presented on this appeal is whether or not a suit for alimony without divorce under G.S. 50-16 is one in which a clerk of the Superior Court can enter a judgment by default and inquiry as provided by G.S. 1-209, et seq. The answer is “No”.

A brief history of the alimony without divorce law in this State shows that prior to 1872 there were no statutes allowing alimony without divorce, but in proper cases equity would allow alimony. Anonymous 2 N.C. 347; Spiller v. Spiller, 2 N.C. 482. In 1872 the first statute was passed authorizing alimony without divorce, but…