Shore Ex Rel. Welborn v. Shore

The first question for decision is whether a husband can set up a cross action for divorce in a proceeding brought by his wife under C. S., 1667, for alimony without divorce. The decisions and provisions of the statute point to a negative answer.

We have held that this section, C. S., 1667, “only applies to independent suits for alimony,” and may not be used by the wife as the basis of a cross action in a suit for divorce instituted by the husband. Silver v. Silver, ante, 191; Dawson v. Dawson, 211 N. C., 453, 190 S. E., 749; Adams v. Adams, 212 N. C., 373, 193 S. E., 274; Skittletharpe v.…