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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 316   View pdf image (33K)
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316 HIGH COURT OF CHANCERY.
It is always a subject of regret when the court Hinds itself
under an obligation to decide causes, upon grounds not going
to the merits, but this regret, of course, cannot have the effect
to induce it to overthrow established rules, and, more especially,
when those rules are so essential to prevent protracted and ruin-
ously expensive litigation. In the language of Lord Eldon, in
16 Vez; 351, "the court must not be induced by any persua-
sion as to the fact that the plaintiff had originally a demand,
which he could clearly have sustained, to break down rules
established to prevent general mischief at the expense even of
particular injury." The petition must be dismissed.
WM. M. ADDISON for the petition.
[No appeal was prosecuted in this case.]
JEHU BROWN
vs. DECEMBER TERM, 1846.
ELIZABETH BROWN.
[DIVORCE—CONSTRUCTION OF ACTS OF ASSEMBLY—DEED OF SEPARATION—
EFFECTS OF.
JURISDICTION in cases of application for divorces, was conferred upon the
equity tribunals of this state, by the act of 1841, chapter 262, to which two
supplements have been passed, one in 1843, chapter 287, and the other in
1844, chapter 306.
The 2d sec. of the act of 1841, authorizes the court to decree a divorce a vin-
culo, "where the party complained against, has abandoned the party com-
plaining, and has remained absent from the state for the space of five years."
The act of 1844, repeals "all such parts of the 2d sec. of the original act,
as requires an absence from the state tor five years," with a proviso, that
no such decree shall be passed on account of abandonment, unless such aban-
donment has continued uninterruptedly for at least three years, and is deliber-
ate and final, and the separation of the parties beyond any reasonable ex-
pectation of reconciliation. HELD—
That by the latter act, the legislature clearly intended to abridge the period of
absence from the state required by the former, but that it is not clear, that
they intended to dispense with such absence altogether, as one of the in-
gredients constituting the ground for a divorce a vinculo.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 316   View pdf image (33K)
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