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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 348   View pdf image (33K)
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348 HIGH COURT OF CHANCERY.
but has answered, and thus evinced a disposition to try the
cause upon the merits, and therefore it might be proper, if the
circumstances in other respects showed the propriety of it, not.
only to allow alimony, pendente life, but to furnish the wife with
the means, out of the pocket of the husband, of conducting
her suit.
But, it is said here that the wife has the means, not only of
supporting herself whilst the cause is progressing, but also of
paying the expense of it, and in this connection, reliance is
placed by the counsel for the husband, and as it appears to me,
with some degree of reason, upon the circumstance of the dis-
position manifested by him, to bring the cause to a conclusion.
It may be that the reasons urged on the part of the petitioner,
excusing the delay on her part, in preparing the cause for trial,
are worthy of consideration, but still they do not satisfactorily
account for her delay in filing this petition, or repel the infer-
ence thence deducible, that she was not entirely destitute of
funds for carrying on the suit, nor do they, by any means, de-
prive the defendant of the favorable consideration to which his
alacrity in pressing the cause on, may be supposed to entitle
him. He certainly has shown no disposition to protract the
suit, and harass the complainant with costs, or wear out her
patience with delay, and, therefore, the court would not feel in-
clined to press him with any very harsh measure of justice. If
the petitioner has the means of carrying on the suit, the rule
does not require that the burden should be shifted from her to-
the defendant, and upon an examination of the record, I am of
opinion that she does possess those means.
It would be an useless consumption of time to state, in de-
tail, the grounds of this conclusion, but I am persuaded that
the $300 which she received in March, 1850, and which her
husband says she may apply in this way, will at least, for the
present, be adequate for this purpose. If her husband bad re-
ceived this money, as in virtue of his marital rights he might,
supposing his engagement to invest it for her separate use not
binding upon him at law, it could hardly be maintained that he
would have been compelled to supply a larger amount to ena-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 348   View pdf image (33K)
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