Opinion
March 22, 1943.
Present — Hagarty, Carswell, Adel, Taylor and Lewis, JJ.
Action by a wife for a judgment of separation on the ground of abandonment, and for a money judgment to recover from her husband sums of money which she had been compelled to expend to provide necessaries for herself. Judgment of separation providing for alimony at the rate of eighteen dollars a week and for a money judgment in the sum of $4,894, modified on the law and the facts by substituting in the third ordering paragraph the sum of $1,144 in place of the sum of $4,894. As so modified, the judgment is unanimously affirmed, without costs. Finding of fact "SIXTH" is modified to read as follows: "SIXTH: That the plaintiff spent for her own support the sum of Eight Dollars a week from March 28, 1933, to the date of the commencement of this action, December 16, 1941, aggregating the sum of $3,000, for necessaries for which the defendant was legally obligated to pay." Finding of fact "SEVENTH" is modified to read: "SEVENTH: That during the period from March 28, 1933, to December 16, 1941, the defendant's total contributions to the support of plaintiff amounted to the sum of $1,856, leaving a balance in the sum of $1,144, which defendant is obligated to pay to plaintiff." Conclusion of law "THIRD" is modified by striking out the sum of $4,894 and substituting therefor the sum of $1,144. The income for the period in question appears to have approximated eighteen dollars a week, as earned by one or the other of the adult daughters of the plaintiff. In addition, as found, plaintiff received approximately five dollars a week from her husband. The sum of eighteen dollars a week was not devoted solely to the plaintiff's support, but also was used for the support of the daughters.