Deaton v. Deaton

The appeal presents this question for decision: Does a decree of absolute divorce obtained by the wife under the two-year separation statute codified as G.S. 50-6 annul the right of the wife to receive permanent alimony under a judgment rendered in an action for alimony without divorce before the commencement of the proceeding for absolute divorce ?

The plaintiff asserts that this question ought to be answered in the negative. To sustain her position, she lays hold on the second proviso in the statute embodied in G.S. 50-11 and cites these decisions: Simmons v. Simmons, 223 N.C. 841, 28 S.E.…