174 S.E. 304 | N.C. | 1934
Civil action for divorce a vinculo on ground of adultery, with application for alimony pendente lite and counsel fees.
Upon application for alimony and counsel fees, made under C.S., 1666, the court denied the same, after a full hearing, upon conflicting evidence. *485
The plaintiff, in apt time, moved the court to find the facts, which motion was overruled, the court simply adjudging that it "is unable to find such facts as will justify the allowance of alimony pendente lite or counsel fees to the plaintiff."
From this ruling, the plaintiff appeals, assigning errors.
It was said in Moore v. Moore,
The court erred, therefore, in declining to find the facts. Not until the facts are found can we determine the correctness of the ruling as a matter of law. McManus v. McManus,
It should be observed, perhaps, that plaintiff makes her application under C.S., 1666, and not under C.S., 1667. The dissimilarity of the two statutes has been pointed out in a number of cases, notably Price v. Price,
Error.