Fannie Mirizio, by Mary C. Mucci, Her Guardian Ad Litem, Appellant v. Cosmo Mirizio, Respondent

Summary

The Court of Appeals affirmed the lower court's dismissal of the wife’s action for separation and support, holding that her refusal to consummate the marriage on religious grounds constitutes misconduct under section 1163 of the Civil Practice Act and bars her claim. Two dissenting opinions argued that the wife should be allowed recovery and that the majority misapplied public policy.