COOK v. COOK, 166 Md. 704 (1934)

171 A. 722

WILHELMINA FORD COOK v. DANIEL H. COOK.

[Nos. 3, 48, January Term, 1934.]Court of Appeals of Maryland.
Decided April 4th, 1934.

Divorce — For Desertion — Counsel Fees and Costs.

Evidence showing that the wife left the husband merely because she preferred her former home in the West to the home into which she had married in the East held to entitle the husband to a divorce.

The wife is entitled to alimony pendente lite and reasonable counsel fees and costs, without regard to the merits of the case, and the jurisdiction of the court of chancery with respect to such expenses or allowances continues after the appeal.

In the absence of evidence of the appellant wife’s ability to pay the costs of the transcript, record, and briefs on appeal held that these costs should be imposed on the husband.

Decided April 4th, 1934.

Appeal from the Circuit Court for Talbot County, In Equity (ADKINS, J.).

Bill by Daniel H. Cook against Wilhelmina Ford Cook. From a decree granting plaintiff a divorce (No. 3), and from an order refusing defendant counsel fees and costs on appeal, defendant appeals. Decree affirmed and order reversed.

The cause was argued before BOND, C.J., PATTISON, URNER, OFFUTT, DIGGES, PARKE, and SLOAN, JJ.).

John Lank Perryman, for the appellant.

G. Elbert Marshall, for the appellee.

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

Unreported Cases.

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