Mary E. McNulty, Appellant, v. Patrick J. McNulty, Respondent

Mary E. McNulty, Appellant, v. Patrick J. McNulty, Respondent. First Department, May 10, 1907. . Husband and wife —.separationA cruel and inhuman treatment. When in an action for separation upon the ground of cruelty, it is shown, that the plain tiff’s husband on several occasions beat and kicked her and falsely accused her of adultery and other misconduct; it is-error to dismiss the complaint.. ■ Appeal by the plaintiff, Mary E. McHulty, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk -of the county of New York on the 9th day óf Hovembór, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits. James A. MaeElMnny, for the appellant., W:'J. Walsh, for the respondent. [MAJORITY — Per Curiam :] Per Curiam : Plaintiff is the wife of defendant and brings this action for a separation on the grounds of cruelty. Her testimony shows that on several occasions the defendant kicked and beat her and frequently falsely accused her of adultery and. other misconduct. While denying most of these accusations the defendant partially admits some of them. We are of the opinion that the plaintiff established good ground for a decree of separation and that her complaint should not have been dismissed. From the evidence now before us it is manifest that the conduct and attitude of defendant toward the plaintiff is such that she ought not to be compelled to live with him. The judgment should be reversed and a new trial granted, with costs to the appellant to abide the event. Present — Patterson, P. J., McLaughlin, Houghton, Scott and Lambert, JJ. ' ' . Jndgment reversed, new trial ordered, costs to appellant to abide event.