Spencer v. Spencer, 333
Decision Date | 02 June 1970 |
Docket Number | No. 333,333 |
Citation | 265 A.2d 755,258 Md. 281 |
Parties | John Raymond SPENCER v. Mari Lynn Rideout SPENCER. |
Court | Maryland Court of Appeals |
Howard E. Goldman, Laurel (Melbourne & Goldman, Laurel, and Grant, Harris, Huddles & Rosenblatt, Baltimore, on the brief), for appellant.
Arthur Dale Leach, Hyattsville (Paulson & Leach, Hyattsville, on the brief), for appellee.
Argued before HAMMOND, C. J., and BARNES, McWILLIAMS, SINGLEY and SMITH, JJ.
We have here a rather dreary chronicle of domestic strife which began when the parties were married in 1942. The appellant is a physician in general practice in rural Montgomery County. He is 49; the appellee is 47. They have three children, Sheldon 23, Sheryl 18, and Deborah 12. The two girls live with their mother who left the marital abode on 4 June 1968. In her bill of complaint, filed two weeks later, there are allegations of 'extreme cruelty' which the appellant denied. The case came on for trial before J. M. Mathias, J., in April 1969. After four days of testimony Judge Mathias dismissed appellant's crossbill, granted the appellee a divorce a mensa and awarded to her the custody of the two gilrs. He ordered also the payment of alimony, support for the children, counsel fees and costs. In his opinion he said, in part:
'There was testimony by the wife, corroborated by the thirteen-year old daughter Debra, that on February 28th the husband in a fit of anger almost ran his wife down in the driveway of their house, and when she frantically threw herself on the rear of the car held on for dear life he drove off at a mad pace in utter...
To continue reading
Request your trial-
Schaefer v. Cusack
...some language in our opinions that this conclusion cannot be set aside unless clearly erroneous, see, e.g., Spencer v. Spencer, 258 Md. 281, 284, 265 A.2d 755, 756 (1970)(per curiam); Goldschmiedt v. Goldschmiedt, 258 Md. 22, 26, 265 A.2d 264, 266 (1970), we believe that, because such a con......
-
Davis v. Davis
...of child custody awards. See e. g., Hall v. Triche, 258 Md. 385, 386, 266 A.2d 20 (1970) (per curiam); Spencer v. Spencer, 258 Md. 281, 284, 265 A.2d 755, 756 (1970) (per curiam); Goldschmiedt v. Goldschmiedt, 258 Md. 22, 26, 265 A.2d 264, 266 (1970); Franklin v. Franklin, 257 Md. 678, 684,......
-
Silseth v. Levang
...shows that the 'clearly erroneous' rule was applied to an award of child custody. For cases to the same effect see Spencer v. Spencer, 258 Md. 281, 265 A.2d 755 (1970), and Franklin v. Franklin, 257 Md. 678, 264 A.2d 829 In Morris v. Morris, 439 S.W.2d 317 (Ky.1969), the Court of Appeals of......
-
Ferguson v. Ferguson
...the parties to a divorce action is equitable, have all been appropriately dealt with on appeal as findings of fact. Spencer v. Spencer, 258 Md. 281, 265 A.2d 755 (1970); Franklin v. Franklin, 257 Md. 678, 264 A.2d 829 (1970); Meredith v. Meredith, 91 Idaho 898, 434 P.2d 116 (Idaho 1967); In......