Wicker v. Wicker

The previous action, a habeas corpus proceeding to determine the custody of the children of the marriage involved in the instant case, was heard by the trial judge who, sitting without a jury, found as a fact, among other things, that Nellie Grace Yow Wicker had not committed adultery with any person, and entered judgment in accordance therewith.

G.S. 50-10 requires that, in a divorce action, the material facts as to the grounds for divorce must be- found by a jury. Carpenter v. Carpenter, 244 N.C. 286, 93 S.E. 2d 617.

Thus, it is patent that the order entered in the habeas corpus proceeding…