SMITH v. SMITH

[No. 250, September Term, 1960.]

225 Md. 282 (1961)

170 A.2d 195

SMITH v. SMITH

Court of Appeals of Maryland.

Decided May 8, 1961.


Attorney(s) appearing for the Case

Arthur A. Marshall, Jr., with whom were Emmett H. Nanna, Jr., and Nanna & Marshall on the brief, for the appellant.

David A. McNamee, with whom were W. Carroll Beatty, Richard Bourne and Beatty & McNamee on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, HORNEY and SYBERT, JJ.


HENDERSON, J., delivered the opinion of the Court.

A wife appeals from a decree granting a divorce a vinculo to her husband and dismissing her cross bill. The trial court found that the appellant committed adultery in 1952, which was condoned by the husband but revived by the wife's conduct in 1960. The court also found that her conduct constituted cruelty and constructive desertion, which justified the husband in leaving the marital home with the two children...

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