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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 93   View pdf image (33K)
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HEWITT v. HEWITT.—1 BLAND. 93

HEWITT v. HEWITT.
ALIMONY.

Cruel and violent treatment of the wife by the husband, and his refusing to
permit her to live with him; held to be sufficient ground to direct him to
pay her a certain sum as alimony; the amount to be adjusted with a due
regard to his circumstances, (a)

And as the several instalments became due, the payment, on petition by her.
was enforced by an order to shew cause, followed by a fieri facias.

This bill was filed, on the 7th of October, 1825, by Martha
Hewitt, against Eli Hewitt, her husband, to obtain an allowance
for alimony; upon the ground, that he had treated her with great
cruelty and violence, and that he had positively refused to permit
her to live with him, or to provide any adequate maintenance for
her, although he had a large real and personal estate, as specified
in a schedule exhibited with the bill.

To this bill the defendant immediately put in his answer, admit-
ting the facts as stated; and it was agreed, that the Chancellor
should pass such a decree, as he might deem proper, allowing
alimony according to the schedule, which was admitted to be a
correct representation of the nature and value of his estate. (?>)

(a) See Jamison v. Jamison. 4 Md. Ch. 289: Helms v. Franciscus, 2 Bland.
544, 577.

(b) CODD v. CODD.—This bill was filed, on the 17th of February, 17S7, by
Mary Codd, against her husband St. Ledger Codd. in which she stated, that
he had not only abused her with very opprobrious language, but had treated
her in an inhuman aud barbarous manner; that he had by his cruel treat-
ment deprived her of the use of one of her arms; and had abandoned her,
leaving her without support, to live in a manner common to few people ex-
cept slaves; and that he had altogether refused to permit her to cohabit with
him, notwithstanding her most humble and repeated solicitations. Where-
upon, the bill prayed, that he might be compelled to make her such an allow-
ance and maintenance as was suitable to his station and fortune, &c.

The defendant, by his answer, denied the alleged cruel treatment, and the
having deprived her of the use of an arm; and he averred, that she had
broken open his trunks and closets, and had taken thence a considerable
amount of personal property which she had sold for spirituous liquor to
drink; that her habits were such, that he could not live with her, and he
had therefore built for himself a small house near to that in which he had
formerly lived with her, and "which he had left her still to occupy; and that
he had been, and always was willing to allow her a suitable maintenance;
but that his estate was small, unproductive, &c. After which the case was
submitted on bill and answer alone.

CALVEHT, C., 20th May, 1729.—Decreed, That the defendant pay to the com-
plainant ten pounds per annum, by four quarterly payments; and it is also

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 93   View pdf image (33K)
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