Wallingsford v. Wallingsford
Court of Appeals of Maryland
Appeal from Prince George’s comity court, sitting as a court of equity. On ' the ISth of April 1821, a petition •was filed by the appellee, who is the wife of the appellant, staling, that her husband had turned her out of his house, and refused to permit her to live with him, or to make any reasonable provision for her support, and that she was left destitute., and that he was a man of considerable property, the girpier part of whi"h he obtained by his marriage with her.
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Appeal from Prince George’s comity court, sitting as a court of equity. On ' the ISth of April 1821, a petition •was filed by the appellee, who is the wife of the appellant, staling, that her husband had turned her out of his house, and refused to permit her to live with him, or to make any reasonable provision for her support, and that she was left destitute., and that he was a man of considerable property, the girpier part of whi"h he obtained by his marriage with her. It algo «tried, that he had, some time before, by fear, threats, arfo Iraudulent misrepresentations, prevailed on her to…
1Opinion of the CourtMartiu, J.
The proceedings in this casé are erronéous, and must be reversed. It is an application for alimony, and there can be no doubt, the courts of equity in this state have jurisdic,tion in such cases, and will decree relief, where a proper foundation is laid for it. Their authority1 depends not merely on the constructive powers given to our courts of. chancery, but is expressly delegated by the act of 1777¡ ch. 12.
Alimony is a maintenance afforded to the wife, where the husband refuses to give it, or where from his improper conduct compels her to separate from him. It is not a portion of his real…
2Cited by52 opinions
- Romaine v. . ChaunceyNew York Court of Appeals · 1892
- Emerson v. EmersonCourt of Appeals of Maryland · 1913
- Hood v. HoodCourt of Appeals of Maryland · 1921
- Horsey v. HorseyCourt of Appeals of Maryland · 1993
- Murray v. MurraySupreme Court of Alabama · 1887
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