Smith v. Smith, 196 Md. 219

Summary

The Maryland Court of Appeals affirmed the dismissal of a wife's cross-bill seeking a divorce based on abandonment and desertion. The court held that the evidence did not establish adequate grounds for constructive desertion arising from the husband's alleged lockout. The court also applied the usual rule allowing a wife in a divorce proceeding to recover costs, directing the appellee husband to pay them.

Holdings

1. The evidence did not provide adequate grounds to support the wife's cross-bill based on abandonment or constructive desertion, so dismissal of the cross-bill was proper.
2. The wife was entitled to costs because the record did not establish that she had sufficient funds or substantial property and income to justify departing from the usual rule favoring costs for a wife in a divorce proceeding.

Questions Presented

1. Whether the evidence established abandonment or constructive desertion sufficient to support the wife's cross-bill for divorce.
2. Whether the wife was entitled to appellate costs despite having independent means or income.

Disposition

affirmed