Summary
In Faulkner v. Faulkner, 176 Md. 692, 4 A.2d 117, 120, the court said: "If the wife was in fear of bodily harm and injury to her health, it is strange that they can recall only three or four battles in as many years, and continue during all that time to live in the same house.
Summary of this case from Crenshaw v. CrenshawOpinion
[No. 10, January Term, 1939.]
Decided February 2d 1939.
Divorce — Adultery — Cruelty — Abandonment.
A charge of adultery must be proved by a preponderance of evidence, and the proof must be clear, satisfactory, and convincing.
Legal cruelty on the part of the husband, to support a bill for divorce, must be such conduct on his part as endangers the wife's life, person, or health, or causes reasonable apprehension of bodily suffering.
Evidence of constant quarrels, and an occasional exchange of blows, but that the wife did not fear the husband, held insufficient to show cruelty on the husband's part.
Evidence that the husband forced the wife out of their bed and told her never to lie therein again, and denied her access to the room in which he slept, held to show a constructive abandonment of the wife by the husband, entitling her to a divorce.
Decided February 2d 1939.
Appeal from the Circuit Court No. 2 of Baltimore City (LESER, J.).
Bill by Margaret E. Faulkner against John A.D. Faulkner for divorce, in which proceeding defendant filed a cross-bill. From a decree granting defendant a divorce a vinculo, plaintiff appeals. Reversed.
The cause was argued before BOND, C.J., OFFUTT, PARKE, SLOAN, MITCHELL, SHEHAN, JOHNSON, and DELAPLAINE, JJ.
Edward E. Hargest, Jr., and O. Bowie Duckett, Jr., for the appellant.
Malcolm J. Coan, with whom was Howard C. Bregel on the brief, for the appellee.
Unreported cases.