Cleary v. Cleary

This is a divorce case. At issue on appeal is the lower court’s order in favor of the libelant and the five children of the marriage. Findings of fact were waived. The libelee now claims that, since the evidence is that the present order effectively gives his former wife all but $22.78 per week of his $893.05 monthly salary for her alimony and support for her and the children, the order is an abuse of discretion on its face, even without findings.

The libelant makes the point that the action of the trial court must be accepted by the libelee, since findings were waived. She asserts that the…