Webb v. . Webb

Devin, J. The court below correctly ruled that plaintiff was entitled to maintain her action here for unpaid installments of alimony decreed under the Louisiana judgment (Lockman v. Lockman, 220 N. C., 95, 16 S. E. [2d], 670), and that the North Carolina statute of limitations, rather than the Louisiana statute of prescription, applied. Arrington v. Arrington, 127 N. C., 190, 37 S. E., 212; Clodfelter v. Wells, 212 N. C., 823, 195 S. E., 11. However, it appears from the plaintiff’s testimony that certain payments made to her by the defendant’s intestate were not credited upon *552 tbe amounts now claimed to be due as alimony. Thus, an open question for the jury was raised as to the amount plaintiff was entitled to recover, and the instruction to the jury, if they found the facts to be as the evidence tended to show, to answer the issue, as to the amount due, $5,850, the full amount claimed, was erroneous and prejudicial to the defendant, necessitating a new trial. Combs v. Cooper, 194 N. C., 203, 139 S. E., 224. New trial.