McClung v. McClung

Under the settled law of this Commonwealth, a divorced wife has no right to alimony if the divorce was granted to her hus band because of her misconduct.( 1 ) The decree in this suit granted a divorce to the husband on the ground of the wife’s willful desertion and directed the husband to pay alimony. We must cancel the award of alimony.

The finding of the decree that Mary Louise Holland McClung willfully deserted her husband and the adjudication that he be granted a divorce cannot be disturbed on this appeal. The wife did not petition for an appeal, nor did she assign cross-error.( 2 )

We…