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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 399   View pdf image (33K)
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TAYMAN VS. TAYMAN. 399
THE CHANCELLOR:
The evidence in this cause has been very fully discussed by
the counsel of the parties in their written arguments; but I do
not deem it necessary to enter into a detailed examination of it.
Much time and space would be consumed in such an investi-
gation, and as each case, depending upon facts, must be gov-
erned by its own peculiar circumstances, and no general prin-
ciples could be deduced from a statement of those portions of
the evidence upon which my judgment in this case is founded,
I shall refrain from doing more than simply to announce the
conclusion to which I have come.
The question, and the only question, is, whether the com-
plainant has succeeded in bringing her case within the 3d sec-
tion of the act of 1841, ch. 262, which specifies the causes for
which divorces, a mensa et thoro, may be decreed. The first
of these causes is "cruelty of treatment," and that being the
ground relied upon here, the counsel on both sides have exam-
ined the evidence, to sustain and repel the charge, very elabo-
rately. I consider it sufficient to say, that upon a very careful
reading of the pleadings and proofs, and the arguments of the
solicitors of the parties, and upon full and attentive considera-
tion of every circumstance, my judgment is, that a case of
"cruelty of treatment" as those terms in the act of assembly
are to be understood, has been made out, and, consequently, that
the complainant is entitled to relief. Giving to those words,
the meaning which has been attributed to them in the ecclesi-
astical courts, or to the equivalent language of the statute of
New York, by an eminent judge of that state, the result is as I
have stated it.
The conduct of the husband here has been, not only such as to
furnish well grounded apprehensions of bodily hurt, but has
been brutal, and inhuman in the extreme. The marks of vio-
lence upon the person of the wife—the blood streaming from
her head, where the hair had been torn out—her flying, terror
stricken, from the house, by night and by day—his chasing her
with a gun—pointing it at her—declaring upon one occasion,
he would blow her brains out, (all of which appears by evi-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 399   View pdf image (33K)
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