Lynch v. Lynch

• Decision Date: 05 December 1870
• Citation: 33 Md. 328
• Parties: JOSHUA LYNCH v. SUSAN A. LYNCH.
• Court: Maryland Court of Appeals

33 Md. 328

JOSHUA LYNCH v. SUSAN A. LYNCH.

Court of Appeals of Maryland

December 5, 1870

Appeal from the Circuit Court of Baltimore City.

The bill in this case was filed by the appellant to procure a divorce a vinculo matrimonii from the appellee, upon the ground of abandonment, under the Code of Pub. Gen. Laws Art. 16, sec. 25. The character of the evidence is sufficiently disclosed in the opinion of this court. The Circuit Court being of the opinion that there was no proof of an intention on the part of the defendant to bring about a separation, although her conduct was so outrageous as to justify the complainant in leaving her, refused the prayer of the bill, and passed a decree divorcing the complainant a mensa et thoro from the defendant.

From this decree the complainant appealed.

The cause was argued before BARTOL, C.J., MAULSBY, MILLER and ALVEY, JJ.

William M. Marine and Milton Whitney, for the appellant.

The evidence in this case establishes the fact that the appellant was compelled by the ill-conduct of his wife to leave the house in which they had been living; and the being thus compelled by the offensive conduct of his wife to quit his home and seek shelter elsewhere, constituted under the law of this State an abandonment on the part of the wife. Levering v. Levering, 16 Md. 213. And this abandonment having continued, as shown by the evidence, for three years and more, and the same being deliberate and final, and the separation of the parties beyond any reasonable expectation of reconciliation, the complainant is entitled to a decree for a divorce a vinculo matrimonii.

The following authorities were also referred to: 1 Parsons (Pa.) Eq. Cases, 329; 1 Bishop on Marriage & Divorce, secs. 782 791, 793, 794.

No appearance for the appellee.

Alvey J., delivered the opinion of the court.

In this case, we fully concur with the Judge below, that the facts disclosed do not establish a case of abandonment of the husband by the wife, within the meaning of the Code of Pub. Gen. Laws, Art. 16, sec. 25, to entitle the husband to a divorce a vinculo matrimonii. The proof shows a lamentable state of domestic discord to have existed, and unbearable persecution of the husband by the wife, while living together, but there is no sufficient proof to establish the fact to the satisfaction of the court that the wife, the party complained against, ever deliberately designed, by her conduct, to effect a final separation of herself and husband, beyond...