Public-domain · open source
OpenJurist

273 N.C. 133

Gaskins v. Gaskins

Supreme Court of North Carolina

Decided February 28, 1968

Supreme Court of North Carolina · decided 1968-02-28

Cited by 2 later decisions — most recently April 1970

2 state decisions

Relies on Eggleston v. . Eggleston · Caddell v. Caddell · Bailey v. Bailey

Good law ✅— No negative treatment on recordhow we know

Decided 1968-02-28

View the full empirical analysis of this case →

Per Curiam.

¶1To establish her right to alimony under G.S. 50-16, plaintiff undertook to prove that defendant, by his assaults and cruel treatment, had put her in such fear for her safety that she was compelled to leave home. In such a situation, the abandonment would be his — not hers — and the judge so instructed the jury. Bailey v. Bailey, 243 N.C. 412, 90 S.E. 2d 696; Caddell v. Caddell, 236 N.C. 686, 73 S.E. 2d 923; Eggleston v. Eggleston, 228 N.C. 668, 47 S.E. 2d 243. The crucial question, therefore, was who abandoned whom. The jury, under proper instructions, answered the determinative issue against plaintiff.

¶2We have carefully examined each assignment of error, and in the trial we find

¶3No error.

/273/nc/133 · .json · Public domain