Dearholt v. Dearholt

This court, on November 16th, 1938, in the case of Dearholt v. Dearholt, 175 Md. 694, 2 A. 2nd, 428, reversed a decree of the Circuit Court of Baltimore City, awarding the appellee, Myrtle H. Dearholt, permanent alimony. As a basis for that decision it found from the evidence that the appellee had failed to prove with the requisite certainty (a) that the parties were in fact separated, (b) or, if they were, that the husband caused the separation.

Prior to and pending that litigation, the parties lived apart, and they continued to live apart until June 17th, 1939, when Mrs. Dearholt filed the…