D'Alessio v. D'Alessio

Plaintiff appeals from(1) An order modifying a judgment for separate maintenance in lieu of granting her motion for a new trial, and (2) An order denying her motion for a new trial.

The appeal is upon the judgment roll alone.

These are the essential facts:

Plaintiff filed an action for separate maintenance against defendant, her husband. He in addition to answering the complaint for separate maintenance filed a cross-complaint for divorce from plaintiff. December 12, 1941, after trial before the court without a jury, findings of fact and conclusions of law were signed by the trial judge by which…