Lynch v. Lynch

304 N.E.2d 445 (1973)

Facts

H and W have been married for fifty years and have not lived together since 1931. After finding that there was no evidence that H had been deserted, the court detailed two isolated instances of W's alleged cruel and abusive treatment. The first was an exchange of epithets in H's barbershop in 1965 when W asked H for money for her support. The second occurred in 1967 when she called him 'a faker' after a court hearing to which he had been summoned for failure to obey an order of ten dollars a week for her support. The court found for W and ordered H to pay W’s costs and attorney fees. H appealed.