Downes v. Downes

Order granting motion for temporary alimony and counsel fee reversed upon the law and the facts, without costs, and motion denied, without costs. The plaintiff, in an action for a separation upon the grounds of abandonment, non-support and cruel and inhuman treatment, obtained an order for temporary alimony and counsel fee. Plaintiff’s aged parents reside with the parties. Defendant denies the wife’s charges. He refuses to live with the wife’s parents. Plaintiff refuses to have marital relations with defendant, and the record does not show any adequate excuse for such refusal. Under such…