Opinion
[No. 36, October Term, 1938.]
Decided November 16th, 1938.
Husband and Wife — Separation — Apportionment of Blame — Suit for Alimony — Condonation.
The fact that the wife found the husband and a strange woman in a compromising situation would not support a decree for permanent alimony, where the incident was condoned by the parties living together thereafter for five months.
A separation, during which the husband drove the wife and her mother to Atlantic City, where the husband and wife spent a week, sleeping together, and they also agreed on an alternate use of a bungalow belonging to the husband, held not to involve such a complete interruption of the marital relation as that for which the law provides its remedies.
In a suit by the wife for permanent alimony, held that, since there was no showing that the husband rather than the wife was responsible for their separation, the wife was not entitled to a decree.
The fact that the husband, at the hearing, said that he was not then willing to live with the wife did not constitute desertion, such as would support a decree for permanent alimony.
Decided November 16th, 1938.
Appeal from the Circuit Court of Baltimore City (O'DUNNE, J.).
Bill by Myrtle Hubbel Dearholt against Leroy H. Dearholt. From a decree for plaintiff, defendant appeals. Reversed.
The cause was argued before BOND, C.J., URNER, OFFUTT, PARKE, MITCHELL, SHEHAN, and JOHNSON, JJ.
Simon Silverberg, with whom were Silverberg Silverberg and Ginsberg Ginsberg on the brief, for the appellant.
Philander B. Briscoe, with whom were Briscoe Jones on the brief, for the appellee.
Unreported cases.