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Everill v. Everill

251 A.D. 786 Court N.Y. App. Div. Decision date 1937-05-12 English

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p. 786
Richard Everill, Respondent, v. Jennie Carroll Everill, Appellant.

Judgment affirmed, without costs. All concur, except Lewis, J., who dissents and votes for reversal on the law and facts and for granting defendant judgment on her counterclaim, with disapproval and reversal of finding of cruel and inhuman treatment on the part of the defendant and additional finding of desertion on the part of the plaintiff (The judgment awards plaintiff separation and vacates order for temporary alimony.) Present —■ Sears, P. J., Edgcomb, Crosby, Lewis and Cunningham, JJ.