Gilbert v. Gilbert

Wolcott, J.:

A husband, appellee here, sued his wife, appellant here, in the Superior Court for divorce on the ground of wilful dessertion. The wife denied wilful desertion and petitioned, pursuant to 13 Del. C., § 1530, for the allowance of expenses for her defense, commonly called suit money, and alimony pendente lite. The husband moved to dismiss the petition on the ground that it “fails to state a claim upon which relief can be granted.” The court below allowed the petition for suit money but dismissed as to alimony pendent lite on the ground that the Superior Court was without…