Surratt v. Surratt

The sole question before us on this appeal is whether or not a wife may institute an action for the custody, support and maintenance of the minor children born of the marriage, and for alimony without divorce, and procure an in personam judgment against her defendant husband by service of process on her non-resident husband outside the State, pursuant to the provisions of G.S. 1-104. The answer must be in the negative.

In 17 Am. Jur., Divorce and Separation, § 592, page 678, et seg., it is said: “While, under statute, a personal judgment for alimony and costs may properly be entered against a…