Legal Opinion

Elliott v. Elliott

Court of Appeals of Maryland

Decided July 2, 1873PublishedCited by 19 opinions

Appeal from the Circuit Court for Anne Arundel County, in Equity. The bill of complaint in this case was filed on the 24th of February, 1872, by the appellee, and prayed for a divorce a vinculo matrimonii, from her husband, the appellant.

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Appeal from the Circuit Court for Anne Arundel County, in Equity. The bill of complaint in this case was filed on the 24th of February, 1872, by the appellee, and prayed for a divorce a vinculo matrimonii, from her husband, the appellant. The parties, who were colored persons, were married in February 1871 ; and the bill charges that in August of that year, the appellant deserted and abandoned the appellee, and cohabited with another woman, with whom he committed frequent acts of adultery. The husband answered admitting the allegations of the bill; and they were fully sustained by the proof…

1Opinion of the Court

Bartol, O. J.,

delivered the opinion of the Court.

The only question presented by this appeal is whether the Act of 1872, ch. 272, applies to the case. That Act provides that c‘in all cases where a divorce a vinculo matrimonii is decreed for adultery or abandonment, the Court may, in its discretion, decree that the guilty party shall not contract marriage with any other person during the life-time of the other party ; in which case the bonds of matrimony shall be deemed not to be dissolved, as to any future marriage of such guilty party, contracted in violation of such decree, or in any…

2Cases cited1 opinion

  1. Grinder v. NelsonCourt of Appeals of Maryland · 1850

3Cited by19 opinions

  1. Tichnell v. StateCourt of Appeals of Maryland · 1980
  2. Yorkdale Corp. v. PowellCourt of Appeals of Maryland · 1965
  3. Beechwood Coal Co. v. LucasCourt of Appeals of Maryland · 1967
  4. Anderson v. Department of Health & Mental HygieneCourt of Appeals of Maryland · 1987
  5. Campbell v. CampbellCourt of Appeals of Maryland · 1938

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