87 S.E. 45 | N.C. | 1915
This is an appeal from an order allowing the plaintiff alimony and counsel fees pendente lite in an action for divorce from bed and board. The grounds for such divorce are set out in Revisal, 1562. The defendant did not either (1) abandon his family, nor (2) turn his wife out of doors, nor (3) by cruel or barbarous treatment endanger the life of the plaintiff, nor (4) become an habitual drunkard.
The only other ground set out in Revisal, 1562, is: "(5) Shall offer such indignities to the person of the other as to render his or her condition intolerable and life burdensome." The complaint does not allege that the defendant struck the plaintiff or offered her any physical violence, or threatened to do so, as in Green v. Green,
In White v. White,
It may be, as was said in Page v. Page,
The plaintiff contends that an appeal does not lie from an order allowing alimony pendente lite. It is true that this was held, Earp v.Earp,
As the plaintiff could not readily give bond, doubtless it would be a complete loss to the defendant to pay alimony during a litigation which could be prolonged by the plaintiff, if at the trial on the merits the facts were found by the jury in favor of the defendant. It is, therefore, one of those cases in which the judgment, though not final, "affects a substantial right" and entitles the defendant to have the order reviewed. *759
Upon the evidence and the facts as found by the court, the order was improvidently granted, and must be
Reversed.
Cited: Easeley v. Easeley,