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COLES VS. COLES. 345 wife's part of conducting her present suitor divorce, alimony and other relief, and hereby gives-his consent to her using said ;money for any purpose she sees fit. He insists that the fact that the expenses of her sickness, and the care and nurture-of her infant are heavy, and that she is unable to defray the same, does not furnish her with a right to the interference of the court, because, without cause of grievance or quarrel of any kind on the part of his wife, she deserted her husband and left the home, which he had provided, for her, and which is still open to her, and has refused to live with and under the protec- tion of her husband, and at his house, where every comfort and luxury would have been found and provided for her. He states, that since August last he has been pressing and anxious that the suit should be brought to a termination; that it might have been tried long ere this but for the interposition of the com- plainant. That time and again respondent has invoked the aid of the court, as the record will show, to have the commission returned, in order to set the cause down for hearing; that he is ready to try it at any time, and now offers to submit it with- , out argument on the day fixed for taking up the petition for alimony, &c. That the anguish of mind into which respondent has been thrown by the cruel conduct of his wife and her fami- ly has prevented his making any exertions in his business, and instead of making near $1200 J»er annum, he has lost more than that sum during the year 1850, and that he now requires, at the hands of his creditors to whom he is indebted, an in- dulgence or extension of time for the amounts due to them. In view of these facts, be submits .whether, under the circum- stances, alimony, pendente life, ought to be granted. Upon the hearing of this petition the following opinion was delivered :] THE CHANCELLOR: This case comes before the court upon the petition of the complainant filed on the 4th of January last, praying for ali- mony, pendente lite, and for means to defray the cost and ex- penses of the suit. The,cause originated in a bill filed by the petitioner on the equity side of Baltimore County Court, on the |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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