Farrington v. Farrington

In an action for a separation, on the grounds of abandonment and defendant’s neglect and refusal to provide for plaintiff, the Special Term, after trial, amended the complaint to conform to the proof, and awarded judgment to respondent, on the ground of cruel and inhuman treatment. Judgment reversed on the law, and a new trial granted, without costs. The trial did not proceed on the theory upon which respondent recovered judgment. Evidence which was received, without objection by appellant, as to the circumstances surrounding the separation of the parties was relevant to the cause of action…