Wallace v. Wallace

WELLS, Judge.

The sole issue we decide in this case is whether the trial court erred in failing to grant defendant’s motion for a directed verdict on the issue of adultery. We decide this issue in defendant’s favor and reverse.

The difficult issue of adultery has been the subject of two recent opinions of this court.

In Owens v. Owens, 28 N.C. App. 713, 222 S.E. 2d 704, disc. rev. denied, 290 N.C. 95, 225 S.E. 2d 324 (1976), defendant husband asserted a defense of adultery to plaintiff wife’s claim for alimony. Defendant’s evidence tended to show that plaintiff wife had lived with another man…