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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 289   View pdf image (33K)
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JAMISON VS. JAMISON. 289
CATHARINE JAMISON
BY HER NEXT FRIEND
vs.
JOSEPH JAMISON.
MARCH TERM, 1847.
[ALIMONY.]
WHERE a separation was commenced and is continued by the act of the hus-
band against the will of the wife, and he refuses or neglects to make pro-
vision for her support, the Court of Chancery in this state, has the power,
and will decree her alimony, though there has been no divorce decreed and
though the case made by the bill and proof would not, according to the
ecclesiastical courts in England, entitle her to a divorce o mensa et thoro.
In England, alimony is granted only as a consequence or an incident, to a sen-
tence of divorce, a mensa et thoro, and no such allowance will be made by the
Chancery Court there until such decree of divorce has been passed.
Though in this state the Court of Chancery had no power to decree a divorce
prior to the act of 1841, ch. 262, yet it had from a period prior to the revo-
lution, full and complete jurisdiction in cases of alimony, and could, upon a
proper case, decree the wife a separate maintenance out of the estate of'the
husband.
In England on an application for a divorce on account of cruelty, it is neces-
sary to show that actual violence has been committed, attended with danger,
or a reasonable apprehension of such violence.
The act of 1777, ch. 12, sec. 14, conferring jurisdiction upon the Chancellor in
cases for alimony, gives full and complete jurisdiction over the subject, and
does not restrict the court in making such allowance to the circumstances
and causes which would entitle the party to a divorce according to the ec-
clesiastical laws of England.
There is no tribunal in this state competent to entertain a suit for the restora-
tion of conjugal rights.
Prior to the act of 1841, ch. 263, the legislature had the exclusive power of
granting divorces, and they exercised it as a regular exertion of legislative
power.
There must be some method by which the husband may be compelled to main-
tain his wife, and when restitution of conjugal rights cannot be decreed,
alimony must.
The amount of the allowance is to be determined by the value of the estate of
the husband, and if the proof is not sufficiently clear to enable the Chan-
cellor to determine such value satisfactorily, the question will be referred to
the Auditor.
[The facts of this case are stated in the opinion of the
Chancellor.]
24*

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 289   View pdf image (33K)
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