51 S.E.2d 927 | N.C. | 1949
The plaintiff, husband, instituted his action for divorce a vinculo on the ground of adultery. G.S.
Thereafter, on 22 May, 1948, plaintiff lodged a motion to set aside the judgment of Judge Alley on the ground that the court was without authority to make an order for the payment of alimony. This motion came on for hearing before Judge Sink at October Term, 1948, and was denied.
Clearly, the plaintiff's remedy against a judgment thought to be erroneous was an appeal to this Court. Judge Sink properly denied the plaintiff's motion. Plaintiff contends, however, that the defendant's cross-action for alimony could not be maintained in the suit which he had instituted, citing Silver v. Silver,
Judgment affirmed.