HYATT v. HYATT, 173 Md. 693 (1938)

196 A. 317

HAZEL S. HYATT v. EDWIN O. HYATT

[No. 78, October Term, 1937.]Court of Appeals of Maryland.
Decided January 20th, 1938.

Divorce — Abandonment.

Nagging, abuse, cursing, and swearing do not amount to cruelty of treatment or excessively vicious conduct, such as to justify one spouse in deserting the other.

A wife held entitled to a decree of divorce a mensa by reason of the husband’s abandonment of her, without any hope of reconciliation,

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such abandonment not being justified by the fact that she spent all his money, and was guilty of nagging, abuse, cursing, and swearing.

Decided January 20th, 1938.

Appeal from the Circuit Court of Baltimore City (DENNIS, C.J.).

Bill by Hazel S. Hyatt against Edwin O. Hyatt. From a decree for defendant, plaintiff appeals. Reversed.

The cause was argued before BOND, C.J., URNER, OFFUTT, PARKE, SLOAN, MITCHELL, and JOHNSON, JJ.

J. Francis Ford, with whom was Herbert R. O’Conor on the brief, for the appellant.

Robert R. Carman, with whom was William C. Baxter on the brief, for the appellee.

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

Unreported cases.