Opinion
October 24, 1949.
Present — Nolan, P.J., Carswell, Sneed and MacCrate, JJ.; Johnston, J., not voting.
Action for separation. Judgment for plaintiff modified on the law and the facts by substituting for the sum of $75 in the second ordering paragraph, the sum of $50, and the sum of $500 for the sum of $750, in the third ordering paragraph. As so modified, the judgment is unanimously affirmed, with costs to respondent. The allowances for alimony and counsel fee are excessive. Proposed supplemental findings of fact consistent with decision of the trial court, with respect to the cruel and inhuman treatment of plaintiff by defendant, are directed to be submitted, on notice, by respondent.