Opinion
July 6, 1967
Judgment unanimously modified on the law, on the facts and in the exercise of discretion, to the extent of reducing the amounts directed to be paid by defendant to $100 per week for the support and maintenance of the plaintiff and $100 per week for the support and maintenance of the two children, in addition to all carrying and maintenance charges for the marital home, possession of which was awarded to plaintiff, and reducing the counsel fee to $1,250, and otherwise affirmed, with no costs or disbursements. We are gravely concerned about the error committed by the trial court relating to the purported bill of particulars. It was highly irregular for the court to accept this document, which was never requested by the defendant and should not have been submitted. In addition, under the circumstances disclosed in the record, there was no justification for the Trial Justice to cite defendant's counsel for contempt, and, notwithstanding the fact that he later expunged his ruling from the record, it was error to have made this ruling in the first place. We overlook these errors and a number of others appearing in the record because they do not affect the result.
Concur — Steuer, J.P., Capozzoli, McNally, McGivern and Witmer, JJ.