Legal Opinion

Daiger v. Daiger

High Court of Chancery of Maryland

Decided December 15, 1850PublishedCited by 13 opinions

[The petition in this case, for a divorce a mensa et thoro, was filed in the equity side of Baltimore County Court, on the 31st of October, 1850. It alleges the marriage of the petitioner with the defendant on the 17th of February, 1848, that since said marriage, the petitioner has been a correct, faithful, and irreproachable wife. That her said husband, unmindful of his duties and obligations, has habitually treated her with cruelty and violence.

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[The petition in this case, for a divorce a mensa et thoro, was filed in the equity side of Baltimore County Court, on the 31st of October, 1850. It alleges the marriage of the petitioner with the defendant on the 17th of February, 1848, that since said marriage, the petitioner has been a correct, faithful, and irreproachable wife. That her said husband, unmindful of his duties and obligations, has habitually treated her with cruelty and violence. The petition then sets forth specific acts of cruel treatment, such as threatening to cut her throat with an open razor, striking her severe blows…

1Opinion of the Court

The Chancellor :

This case comes before the court, upon the petition of the wife, who is the complainant in the cause, for an allowance of alimony, pendente lite, and money to carry on the suit, and the power of the court to make the allowance, has not been, nor can it be, denied. The opposition to the application, not being placed upon the ground of defect of power in a proper case, but upon the idea, that under the special circumstances of this case, it would be improper to exercise it. My impression, when the petition was first presented, was, that the court, at this stage of the cause,…

2Cases cited3 opinions

  1. Wood v. WoodNew York Court of Chancery · 1830
  2. Barrere v. BarrereNew York Court of Chancery · 1819
  3. Hammond v. HammondNew York Court of Chancery · 1839

3Cited by13 opinions

  1. Hood v. HoodCourt of Appeals of Maryland · 1921
  2. Harding v. HardingIllinois Supreme Court · 1892
  3. Langston v. LangstonCourt of Appeals of Maryland · 2001
  4. Waters v. WatersSupreme Court of Missouri · 1872
  5. Scheinin v. ScheininCourt of Appeals of Maryland · 1952

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