Barbieri v. Barbieri

In an action for separation, the plaintiff wife alleged abandonment and cruel and inhuman treatment. The defendant pleaded justification as a defense to the charge of abandonment and counterclaimed for separation on the ground of cruel and inhuman treatment. The trial court dismissed both complaint and counterclaim on the merits. Plaintiff appeals from that part of the judgment which dismissed the complaint. Defendant does not appeal from the dismissal of his counterclaim. Judgment, in so far as it dismisses the complaint, reversed on the law, -with costs, judgment granted to the plaintiff…