92 S.E. 353 | N.C. | 1917
There was judgment allowing alimony, and defendant, having duly excepted, appealed. *582
The complaint, properly verified, seems to contain facts sufficient to justify a decree on the ground claimed, and on motion for alimony pendentelite there were supporting affidavits on the part of plaintiff and very full affidavits in denial on the part of the defendant. After argument of counsel and on consideration of the affidavits, there was decree allowing alimony, the court adjudging that the "plaintiff has made out a prima facie case on the issue of abandonment." This statement contained in his Honor's judgment is all the finding that was made by him on the question submitted, and, in our opinion, it is entirely insufficient to sustain the order allowing alimony. The statute controlling the question, Revisal, sec. 1566, provides that on a hearing of this character alimony should be allowed when plaintiff shall, in her complaint, set forth such facts "which upon application for alimony shall be found by the judge to be true and to entitle her to the relief demanded in the complaint," and in numerous decisions construing the statute it has been held that the judge must find the essential and issuable facts and set them out in detail so that this Court can determine from the facts as found whether the order for alimony can be upheld as the correct legal conclusion. Garsed v. Garsed,
There is error, and this will be certified, that the judgment (532) awarding alimony be set aside and the questions and cause be proceeded with in accordance with law.
Error.
Cited: Allen v. Allen,