Briggs v. . Briggs

The plaintiff’s contention that defendant is not entitled to support and counsel fees pending the litigation for the reason that she seeks no affirmative relief in her answer cannot be sustained. Medlin v. Medlin, 175 N. C., 529, 95 S. E., 857; Holloway v. Holloway, 214 N. C., 662. The plaintiff by his suit seeks to deprive the defendant of her legal right to support from him. He must furnish her with the necessary funds -with which to defend the action and to support herself pending the litigation.

The plaintiff’s contention that the judgment in the criminal action charging the plaintiff with…