Phillips v. Phillips, 241 N.C. 617 (1955)

March 9, 1955 · Supreme Court of North Carolina
241 N.C. 617

LILLIAN PHILLIPS v. CLYDE PHILLIPS.

(Filed 9 March, 1955.)

Appeal by defendant from Nettles, J., at October Term 1954, of Rutherford.

Civil action for divorce from bed and board on ground of abandonment, G.S. 50-7.1, beard, after due notice, upon application of plaintiff for alimony pendente lite, G.S. 50-15. Upon tbe pleadings and affidavit filed tbe court found facts, and made an allotment.

Defendant appeals therefrom to Supreme Court, and assigns error.

A. Clyde Tomblin for Plaintiff, Appellee.

Hamrich <&' Hamrich for Defendant, Appellant.

Per Curiam.

Perusal of tbe record of case on appeal reveals (1) evidence sufficient to support tbe findings of fact made by tbe court, and (2) facts found sufficient to support tbe allotment of alimony. No error appears therein. Hence, judgment on facts found is

Affirmed.

BarNhill, O. J., and DeviN, J., took no part in tbe consideration or decision of tbis case.