Hicks v. Hicks

The question presented to this Court for decision is whether plaintiff husband may testify as to the adultery of defendant wife to explain his separation from defendant and to establish a defense in bar of her cross-action based on N. C. Gen. Stat. § 50-16.

The allegations in defendant’s amended cross-action were sufficient to allege a cause of action for divorce from bed and board under N. C. Gen. Stat. § 50-7, or for alimony without divorce under N. C. Gen. Stat. § 50-16 as it then existed. (The 1967 General Assembly repealed N. C. Gen. Stat. § 50-16 effective October 1, 1967.) However, from…