McNary v. McNary

Plaintiff brought this action for divorce on the ground that, for more than five consecutive years last past, he and defendant had lived separate and apart. Defendant filed a cross-complaint, praying for a decree on the ground of abandonment by plaintiff for more than one year. Both prayed for settlement of their property rights.

The court entered a decree settling their property rights and awarding a divorce to each. Defendant appeals, challenging the fairness of the property award and the sufficiency of the evidence to sustain a decree of divorce in favor of respondent.

Respondent tacitly…