WICKER v. WICKER

No. 528.

122 S.E.2d 703 (1961)

255 N.C. 723

David Lloyd WICKER v. Nellie Grace Yow WICKER.

Supreme Court of North Carolina.

November 22, 1961.


Attorney(s) appearing for the Case

Gavin, Jackson & Williams, Sanford, for defendant-appellant.

Hoyle & Hoyle, Pittman, Staton & Betts, Sanford, for plaintiff-appellee.


PER CURIAM.

The previous action, a habeas corpus proceeding to determine the custody of the children of the marriage involved in the instant case, was heard by the trial judge who, sitting without a jury, found as a fact, among other things, that Nellie Grace Yow Wicker had not committed adultery with any person, and entered judgment in accordance therewith.

G.S. § 50-10 requires that, in a divorce action, the material facts as to the

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