Mirizio v. Mirizio

In a former action for separation by the plaintiff here we held (212 App. Div. 524), and such ruling was affirmed in the Court of Appeals (242 N. Y. 74), that the wife could not justifiably abandon her husband on the theory that he had rejected the effort made by her to induce him to have performed a religious ceremony of marriage after they had been united in a civil ceremony, which she refused then to recognize. She now brings another action for separation alleging abandonment and failure to support, based upon letters which she has since written to the husband after the Court of Appeals…