Cureton v. Cureton

Ms. Justice Neil

delivered the opinion of the Court.

There is a conflict of authority upon the question whether a court of equity has inherent power to’ grant a wife a separate maintenance out of her husband’s estate, because of his abandonment of her, or his failure to provide, or his cruelty, or other breaches of marital duty, whereby she is forced to withdraw from his home and custody, in cases where no application for divorce is made (2 Am. and Eng. Ency. of Law [2d Ed.], 93, 94; 14 Cyc. 744, 745); many of the authorities, referred to in the notes, holding that in the absence of statutes…