Mirizio v. Mirizio

Hiscock, Ch. J.

This action is brought under the provisions of section 1162 of the Civil Practice Act, alleging that the defendant as plaintiff's husband has abandoned and refused to support her and demanding judgment of separation with provision for support. ' The defense which thus far has been sustained is that the plaintiff has refused to live with the defendant and discharge her marital obligations and that, therefore, he has been relieved from any duty of support. There is little dispute of fact. Plaintiff and defendant were united in marriage by a civil ceremony but they were observers…