Fallon V. Fallon

Plaintiff sued defendant to enforce an antenuptial agreement and for divorce on the grounds of extreme cruelty. Defendant, besides answering, cross-complained for divorce on the grounds of both cruelty and desertion. At the trial, the court granted defendant's motion for a nonsuit on both causes of action. The trial then proceeded on the single cause of action for desertion alleged in the cross-complaint, as the defendant elected not to proceed on the other ground. At the conclusion of the trial, the court denied a divorce and ordered defendant to pay plaintiff $250 per month for a period of one year, and the further sum of $500 counsel fees.