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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 168   View pdf image (33K)
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168 CHANCEBY. [ART. 16

the agreement of the parties, and the decree embodying it, provides not
for alimony as it is understood in Maryland, but, among other things, for
the surrender of certain property as security for the payments, and the
absolute transfer of certain other property, equity will not modify the
decree. In divorce cases, courts of equity sit as a divorce court and are
governed by the principles of the Ecclesiastical courts of England so far
as they are consistent with our code. Emerson v. Emerson, 120 Md. 589
(cf. dissenting opinion).

When the allegations of a bill are sufficient to support either form of
divorce, they are sufficient to support a bill for alimony alone. No matter
will be received as a sufficient ground for alimony alone which would not
be a sufficient foundation in England for granting a divorce a mensa,
together with its incident alimony. Outlaw v. Outlaw, 118 Md. 502.

15.

See notes to section 14.

Declaratory Decrees.
31.

Issues- raised by bills and answers held not to be such as should be sub-
mitted to a jury under this section; certainly all the issues should not be
so submitted; motion properly refused. Wilmer v. Placide, 118 Md. 324.

Divorces.

36.

A plaintiff held to be a resident of Baltimore City so as to entitle her
to file a bill under this section in that jurisdiction. Meaning of the word
"residence" as used in this section; when a change of domicile takes place.
Harrison v. Harrison; 117 Md. 612.

A bill held to sufficiently set out the residence of the defendant under
this section and section 156. Etheridge v. Etheridge, 120 Md. 13.

See notes to section 14.

38.

This section referred to in holding a bill for a divorce a mensa sufficient;
this section relates exclusively to divorces a mensa; the jurisdiction to
grant such a divorce is purely statutory and the causes specified in the
statute are exclusive. Etheridge v. Etheridge, 120 Md. 12.

An allegation of abandonment held to be supported by the evidence and
to justify a divorce under this section. To justify a husband and wife in
living apart, the reasons must be grave and weighty. What amounts to
desertion. Buckner v. Buckner, 118 Md. 113.

Allegations if proved held sufficient to amount to "gross misconduct"
under this section. See notes to section 14. Outlaw v. Outlaw, 118 Md.
503.

See notes to section 14.

Inebriates.

1914, ch. 117.

56A. The Mayor and City Council of Baltimore shall not be obliged
to appropriate more than three thousand dollars ($3,000) in any one
year for the care of inebriates, under sections 52 to 56 of the above
Article, and no order shall be passed by a Court under said sections for
the care of inebriates at the expense of the Mayor and City Council of
Baltimore, in any year, after the appropriation made in the Ordinance
of Estimates for that year shall have been exhausted, except by the con-
sent of the Board of Estimates, acting by the City Solicitor.

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 168   View pdf image (33K)
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