Mirizio v. Mirizio

Cardozo, Ch. J.

Plaintiff and defendant were joined in wedlock by a civil ceremony in September, 1921. Both were members of the Roman Catholic Church. The understanding was that a religious ceremony would follow. The ceremony did not follow, for the husband refused to join in it. The wife sued him for a decree of separation alleging non-support. The husband answered that she had refused to five with him as his wife. He did not deny that he could have had her for the asking by adhering to his promise to be married according to the doctrines of the church. He took the ground that she must yield…