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232 N.C. 95

59 S.E.2d 363

Reece v. Reece

Supreme Court of North Carolina

Decided May 10, 1950

Supreme Court of North Carolina · decided 1950-05-10

Cited by 4 later decisions — most recently January 1971

2 state decisions

Relies on Pollard v. . Pollard · Byerly v. . Byerly · Pace v. . McAden

Good law ✅— No negative treatment on recordhow we know

Decided 1950-05-10

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EbviN, J.

¶1 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. 140, 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

¶2 Affirmed.

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