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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 400   View pdf image (33K)
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400 HIGH COURT OF CHANCERY.
dence free from exception) bring this case strictly within the
rule, and shows, that this unfortunate woman, however impru-
dent she may have been, in forming such a connection, has
already suffered much more than could, by any one, be deemed
necessary to expiate her offence. Imprudent as she may have
been, giving to that word the most unfavorable interpretation of
which it is susceptible, it by no means follows, that she shall be
exposed to perpetual peril of bodily hurt, and to a course of
treatment, which must infallibly shorten her life, as it has
already impaired her health.
I shall, therefore, pass a decree, divorcing these parties, a
mensa et thoro, and will restore to the complainant the prop-
erty which she had when she married, or such portions thereof,
as may now remain undisposed of. But, in consideration of
this restoration to the wife of her own property, and the nar-
row circumstances of the defendant, there will be no award of
alimony.
[The decree was then passed as follows :]
This cause standing ready for hearing, and being submitted
upon arguments, in writing, by the solicitors of the parties, the
proceedings were read and duly considered. And it appearing
from the pleadings and proofs that the defendant has been
guilty of "cruelty of treatment" of the plaintiff, so as to render
it unsafe, and improper for her to cohabit with him, or to be
under his dominion and control. It is, therefore, this 24th day
of March, in the year 1851, by John Johnson, Chancellor, and
by the authority of this court, adjudged, ordered and decreed,
that the said plaintiff and defendant, be, and they are hereby,
divorced, a mensa et thoro. And it is hereby declared to be
the duty of each of them to live chastely during their separa-
tion, and that it will be criminal, and an act void in law, for
either of them, during the life of the other, to contract matri-
mony with any other person. And it is further adjudged, or-
dered and decreed, by the authority aforesaid, in pursuance of
the 3d section of the act of 1841, ch. 262, that there be

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 400   View pdf image (33K)
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