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Reece v. Reece
232 N.C. 95
N.C.
1950
Check Treatment
59 S.E.2d 363 (1950)
232 N.C. 95

REECE
v.
REECE.

No. 610.

Supreme Court of North Carolina.

May 10, 1950.

*364 Walton Peter Burkhimer, Wilmington, for plaintiff, appellant.

Allen & Henderson, Elkin, and Aaron Goldberg, Wilmington, for defendant, appellee.

ERVIN, Justice.

The statute now codified as G. S. § 50-16 was enacted to establish an efficient procedure for enforcement of the marital right of the wife to support by the husband. Such right does not exist, however, in favor of a wife who has abandoned her husband without just cause. This being true, the court rightly refused the application of the plaintiff for an allowance for subsistence from the estate or earnings of the defendant pending the trial. Byerly v. Byerly, 194 N.C. 532, 140 S.E. 158; McManus v. McManus, 191 N.C. 740, 133 S.E. 9. See, also: Pollard v. Pollard, 221 N.C. 46, 19 S.E.2d 1 and Byrum v. Byrum, 207 N.C. 655, 178 S.E. 97. In consequence, the order in question is

Affirmed.

Case Details

Case Name: Reece v. Reece
Court Name: Supreme Court of North Carolina
Date Published: May 10, 1950
Citation: 232 N.C. 95
Docket Number: 610
Court Abbreviation: N.C.
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