ART. 16] AMENDMENT. 347

Where the husband has no estate, there can be no alimony. Standing of
the wife to attack conveyances by the husband, in fraud of her rights.
Feigley v. Feigley, 7 Md. 537.

Alimony may be granted where there Is no divorce. Jamison v. Jamison.
4 Md. Ch. 295; Dunnock v. Dunnock, 3 Md. Ch. 143. And see Wright v
Wright, 2 Md. 449; Crane v. Meginms, 1 G. & J. 475.

Alimony may only be granted in cases which justify a divorce a mensa.
Wagoner v. Wagoner, 77 Md. 195; Helms v. Franciscus, 2 Bl. 565. Cf. Jami-
son, v. Jamison, 4 Md. Ch. 294.

Alimony may be allowed a wife after an appeal by her from an order
dismissing her bill for divorce. Rohrback v. Hohrback, 75 Md. 319.

The decisions of the English ecclesiastical courts constitute precedents in
applications under this section. Effect of a voluntary deed of separation
upon an application for divorce. J. G. v. H. G., 33 Md. 406.

Cited but not construed in Barber v. Barber, 21 How. 597.

As to divorce, see sec. 36, et seq.

1904, art 16, sec. 15. 1888, art. 16. sec. 15. 1860, art. 16, sec. 15.
1841, ch. 262, sec. 3.

15. In cases where a divorce is decreed, alimony may be awarded.

1908, ch. 324.

16. In any decree for divorce against a non-resident, where ali-
mony is prayed in the bill of complaint, and the same sets forth that
the non-resident defendant ia possessed of property in the State, the
court shall have full authority to award alimony, and any property in
the State of any person against whom alimony may be so awarded
shall be liable for the same and subject to such decree as the court
may pass in the premises. Any order of the court awarding alimony
pendente lite shall have the same force and effect as in decree for
divorce.

Amendment.

Ibid. sec. 16. 1888, art. 16, sec. 16. 1860. art. 16, sec. 16. 1854, ch, 230.

17. Upon application of either plaintiff or defendant to any court
of equity, he shall have the right, upon payment of such costa as the
court may direct, to amend at any time before final decree, the bill of
complaint, answer, pleas, demurrers, or any of the proceedings in any
cause before the court, so as to bring the merits of the case in contro-
versy fairly to trial.

This section was intended to enlarge the time within which amendments
might be made. There is no appeal from the action of the court upon an
application to amend. Snook v. Mnnday, 96 Md. 515; Calvert v. Carter, 18
Md. 107; Warren v. Twilley, 10 Md. 46.

Where no laches can be imputed to the applicant, new facts having been
discovered during the progress of the cause, leave should be granted to
amend, though the matter is within the discretion of the trial court. Glenn
v. Clarke, 13 Md. 602.

Prior to the adoption of this section, an application for an amendment
rested in the sound discretion of the chancellor, and there was no appeal.
Thomas v. Doub, 1 Md. 252.

A bill for a sale of property under section 137, may be converted by
amendment into a bill for partition. Watson v. Godwin, 4 Md. Ch. 28.

As to when a defendant who has answered the original bill, need not
answer the amended bill, see Fitzhugh v. McPherson, 9 G. & J. 51. And
see Thomas v. The Visitors, etc.. 7 G. & J. 369.