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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 335   View pdf image (33K)
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DAIGER VS. DAIGER. 336
GERTRUDE MARY DAIGER
vs. DECEMBER TERM, 1850.
FREDERICK DAIGER.
[ALIMONY—DIVORCE A MENSA ET THORO.
UPON the application of the wife, who was separated from her husband, and
had no means of living, or of defraying the expenses of her suit for a divorce,
for alimony pendents lite, and money to carry on her suit, the practice is to
. make the allowance, without an examination into the merits of the cause.
The rule is inflexible, that under all circumstances, and entirely irrespective
of the merits, the marriage being proved, or admitted, the. wife will be al-
lowed temporary alimony, and money to prosecute or defend the suit, when
separated from her husband, unless she has an income of her own sufficient
for those purposes.
Upon the application, by the wife, for a divorce a mensa et thoro, under the 3d
section of the act of 1841, ch. 262, upon the charge of cruelty of treatment,
it will not be sufficient for her to show mere petulance, and rudeness, and
sallies of passion on the part of the husband, but there must be a series of
acts of personal violence, or danger of life, limb, or health, to justify a de-
gree of separation.
Great caution and discrimination ought to be used upon this subject, and even if
(acts of personal violence are shown, it is proper for the court to consider
whether they were without cause or for trivial causes, or the result of pro-
voking language on the part of the wife, pushing the patience of the husband
to extremity.
[The petition in this case, for a divorce a mensa et thoro,
was filed in the equity side of Baltimore County Court, on the
31st of October, 1860. It alleges the marriage of the .peti-
tioner with the defendant on the 17th of February, 1848, that
since said marriage, the petitioner has been a correct, faithful,
and irreproachable wife. That her said husband, unmindful
of his duties and obligations, has habitually treated her with
cruelty and violence. The petition then sets forth specific
acts of cruel treatment, such as threatening to cut her throat
with an open razor, striking her severe blows with his clenched
hands and fists, and on several occasions, knocking her down,
&c. That in consequence of this cruel treatment) she was
compelled some time in the winter of 1850, to leave the house,
and society of her said husband. The prayer is for a divorce
a mensa, alimony, &c. "
 

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 335   View pdf image (33K)
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