Bernardini v. Bernardini

Plaintiff husband was granted a divorce upon the grounds of desertion, but appeals from that portion of the decree which awards alimony to the wife in the amount of $165.00 per month. No issues are raised upon an award of chffd custody and support, or the settlement of property rights.

The theory upon appeal is two-fold: That the court had no power to award alimony, and that the court abused its discretion in awarding alimony in any sum.

The first issue arises from the state of the pleadings. As abstracted, the husband’s complaint contained no prayer concerning the property rights of the…