Gaskins v. Gaskins
This text of 159 S.E.2d 318 (Gaskins v. Gaskins) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
To 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.
We have carefully examined each assignment of error, and in the trial we find
No error.
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Cite This Page — Counsel Stack
159 S.E.2d 318, 273 N.C. 133, 1968 N.C. LEXIS 573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaskins-v-gaskins-nc-1968.