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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 336   View pdf image (33K)
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386 HIGH COURT OF CHANCERY..
The answer of the defendant was filed on the 1st of Novem-
ber, 1850, and admits the marriage as stated in the petition,
but explicitly denies all charges of unkindness, cruelty, or vio-
lence, towards the petitioner, as alleged in her petition. He
also denies that the petitioner was at any time a correct, faith-
ful and irreproachable wife, but on the contrary, charges, that
he has been grossly deceived by her, and has, from such de-
ception, married a notorious and common prostitute. Various
acts of adultery, drunkenness, and vicious and indecent con-
duet on her part, are then set forth, and in conclusion, the an-
swer denies that the petitioner is entitled to ask for a divorce
of any sort, or to alimony, but if consistent with the course
and jurisdiction of the court, under said petition, respondent
asks that a decree a vinculo may be passed in his favor.
The cause being removed to this court, upon suggestion of
the respondent, the petitioner on the 12th of November, 1860,
filed a petition for alimony pendente life, and for an allowance
of money to prosecute the suit. Upon the hearing of this pe-
tition, the following opinion was delivered :]
THE CHANCELLOR:
This case comes before the court, upon the petition of the
wife,- who is the complainant in the cause, for an allowance of
alimony, pendente lite, and money to carry on the suit, and
the power of the court to make the allowance, has not been,
nor can it be, denied. The opposition to the application, not
being placed upon the ground of defect of power in a proper
case, but upon the idea, that under the special circumstances
of this case, it would be improper to exercise it. My impres-
sion, when the petition was first presented, was, that the court,
at this stage of the cause, might, to some extent, at least, ex-
amine into the merits, and the order of the 12th of November ,
last, authorizing the parties to take depositions, was passed
under that impression, but, upon looking into the authorities, I
have come to the conclusion, that such is not the practice, and
that if an examination was instituted now, and a decision
made, adverse to the application of the wife, it might have; the

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 336   View pdf image (33K)
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