Ward v. Ward

1. This was an action by a wife against her husband for permanent alimony, where no action for divorce was pending between the parties. According to the pleadings and evidence, at the time of the separation, and for a number of years prior thereto, the plaintiff and the defendant were living in the home of the latter, and the wife voluntarily left the family home. There was an issue as to whether the husband’s conduct towards the wife justified her in leaving, concerning which the evidence was conflicting. Held, that it was not error against the plaintiff to charge the jury: “If the wife…