Newell v. Newell, 202 N.C. 255 (1932)

Feb. 17, 1932 · Supreme Court of North Carolina
202 N.C. 255

MRS. LOUISE NEWELL v. J. G. NEWELL.

(Filed 17 February, 1932.)

Appeal and Error J c — Order continuing motion for alimony pendente lite to hearing held not subject to appellate interference.

An order continuing a wife’s motion for alimony pendente Ute to the hearing without prejudice to either party is held not to be subject to appellate interference.

Appeal by plaintiff from Gowper, Special Judge, at September Term, 1931, of MeckleNbueg.

Civil action for divorce a mensa et thoro, and for alimony pendente lite. 0. S., 1666.

From an order continuing plaintiff’s motion for alimony to the hearing, without prejudice to either party, the plaintiff appeals, assigning errors.

John Newitt for plaintiff.

J. F. Dewell-and George W. Wilson for defendant.

Stacy, C. J.

Conceding, without deciding, that it was error to continue to the hearing plaintiff’s motion for alimony pendente lile, nevertheless, in the absence of a sufficient showing, which perhaps may yet be made, the refusal to allow the motion is not cause for appellate interference. Hennis v. Hennis, 180 N. C., 606, 105 S. E., 274; Easely v. Easely, 173 N. C., 530, 92 S. E., 353.

Affirmed.