McGarry v. McGarry

The plaintiff in this case sought a decree against her husband, the defendant, for separate maintenance. The defendant in his answer alleged that plaintiff had abandoned him some fifteen years before suit, taking with her surreptitiously their two minor children, a daughter now seventeen years of age and a son eighteen, and by cross-complaint prayed for a divorce from the plaintiff.

The trial court found that the plaintiff had sustained the controverted allegations of her complaint, and that the defendant had failed to sustain the controverted allegations of his cross-complaint. The court’s…