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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 341   View pdf image (33K)
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COLES VS. COLES. 341
stood in the English ecclesiastical courts, and by the canon
law. And quoting the language of Mr. Chancellor Kent, in
the case of Barrere vs. Barrere, 4 Johns. Ch. Rep., 187, that
"mere petulance and rudeness, and sallies of passion, might not
be sufficient," it was decided, relying upon the authority of
that distinguished judge, that "there must be a series of acts
of personal violence, or danger of life, limb or health," to jus-
tify a decree of separation. That<great caution, and discrimi-
nation ought to be used on this subject, and that even if acts
of personal violence were shown, it was proper for the judge
to consider, if they were without cause, or for trivial causes,
or if they were the result of provoking language, on the part
of the wife, pushing the patience of the husband to ex-
tremity.
Now, in this case, after an attentive examination of the evi-
dence, and a full hearing of the counsel, I do not find proof
of a series of acts of personal violence, or danger of life, limb
or health, or indeed, any thing approaching to either, which
would justify the court in decreeing a separation between the
parties. The bill, therefore, must be dismissed.
M. HAZEL, HENRY STOUT, for Petitioner.
WM. J. WARD, for Defendant.
PERMELIA COLES,
BY HER NEXT FRIEND,
BENJ. G. BUCK
vs.
WILLIAM COLES.
MAHCH TERM, 1851.
[ALIMOMY, PENDENTE LITE—DIVORCE.]
THE rule is believed to be almost universal, to allow a destitute wife, who has
been abandoned, or is living apart from her husband, temporary alimony, and
the means of prosecuting or defending a suit for divorce, and this without
any inquiry, whatever, into the merits of the cage.
30*

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 341   View pdf image (33K)
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