#### CLYDE M. SCOTT v. JOE C. SCOTT.

(Filed 12 October, 1955.)

Appeal by plaintiff from Patton, Special Judge, 16 May, 1955, Extra Civil Term of MeciclenbuRG.

Civil action under G.S. 50-16 for alimony without divorce:

The issues of fact, submitted to and answered by the jury, were as follows:

“1. Were the plaintiff and defendant married to each other as alleged in the Complaint? Answer: Yes.

“2. Did the defendant wrongfully separate himself from the plaintiff and fail to provide her with necessary subsistence according to his means and condition in life? Answer: No.”

Judgment for defendant was entered on the verdict. Plaintiff excepted and appealed, assigning errors.

B. Kermit Caldwell for plaintiff, appellant.

J. M. Scarborough for defendant, appellee.

Per Curiam.

The jury, on conflicting evidence, resolved the contested (second) issue in defendant’s favor; and there was ample evi*734dence to support this verdict. After careful consideration of plaintiff’s assignments of error, we find no error of law deemed of sufficient prejudicial effect to warrant a new trial. Hence, the verdict and judgment will not be disturbed.

No error.

WiNBORNE and Higgins, JJ., took no part in the consideration or decision of this case.