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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 343   View pdf image (33K)
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COLES VS. COLES. 343
suffering, his treatment has become more abusive, unkind and
cruel. That he uttered threats as to his treatment towards
her in future, so as in fact to render her incessantly fearful -of
some serious bodily maltreatment. That she, thus apprehen-
sive, left his house on the night of the 28th of January, 1850,
and cannot, as she believes, return thither with safety. In con-
sideration of the brutal treatment of her said husband she prays
for a divorce, a vinculo matrimonii.
The answer of the defendant was filed on the 30th of March,
1850, and after admitting the marriage,denies, explicitly, every
charge in the petition of ill treatment, and avers that respondent
in his whole deportment to his wife was a kind and indulgent
husband, and that her whole complaint is without foundation.
That he is advised that the plaintiff's case, as made in her bill,
will not entitle her to the relief prayed, and he urges this as a
distinct defence to said bill, and relies upon the same as a
cause of dismissal of the said complaint.
On the 24th of April, 1850, the petitioner filed an amended
and supplemental petition; in which, in addition to the matters
stated in. her original petition, she specifies other acts of cruel
treatment, and charges that her said husband, during their
marriage and her cohabitation with him as his wife, had, and
continued to have, illicit and adulterous intercourse with a
certain woman whom he had seduced before his marriage, and
also with other lewd women. On the second of May, 1860,
the defendant filed his answer to this amended bill, and after
reiterating his denial of cruelty of treatment, particularly denies
that during the time his said wife cohabited with him, he has
had illicit or adulterous intercourse with the woman referred to,
or any other woman.
On the 8th of April, 1850, a commission to take testimony
was issued, which, after several applications on the part of the
defendant, was returned and filed on the 30th of December, 1850,
containing a mass of testimony, the purport of which is suffici-
ently stated in the opinions of the Chancellor. On the 28th of
December, I860, the cause was; removed to this court, upon
suggestions filed by the petitioner, who, afterwards, on the 4th

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 343   View pdf image (33K)
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