Harnish v. Harnish

Judgment and order affirmed, without costs of this appeal to either party. Certain finding of fact disapproved and reversed and new finding made. Memorandum: The unreasonable exercise of marital rights of coition made possible by the involuntary submission of the wife, even though the submission be procured without threat or violence, will sustain an action for separation especially if such acts tend to impair the mental and physical health of the wife, thereby rendering it unsafe and improper for her to longer cohabit with the husband. (Rudnick v. Rudnick, 288 Mass. 256; Britt v. Britt, 153…