Gray v. Gray

MALLARD, Chief Judge.

Defendant contends that the trial court committed error in failing to allow his motions for judgment on the pleadings under Rule 12(c) and for summary judgment under Rule 56(b). These contentions are without merit.

The pertinent parts of the statute (G.S. 50-6) under which plaintiff was proceeding in both actions read:

“Marriages may be dissolved and the parties thereto divorced from the bonds of matrimony on the application of either party, if and when the husband and wife have lived separate and apart for one year, and the plaintiff or defendant in the suit for divorce…