KOTT v. KOTT, 135 Md. 696 (1919)

111 A. 240

TINA KOTT vs. CHARLES KOTT.

Court of Appeals of Maryland.
Decided April 23, 1919.

Divorce — Abandonment.

That the wife leaves the husband’s home does not constitute an abandonment entitling him to divorce, if she does so by reason of his insistence upon marital intercourse with such frequency as to endanger her health.

Decided April 23, 1919.

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

The cause was argued before BOYD, C.J., BRISCOE, BURKE, THOMAS, PATTISON, URNER, and CONSTABLE, JJ.

Mose W. Rosenfeld, with whom was Harry B. Wolf and Webster S. Blades on the brief, for the appellant.

J. Richard Standiford and Frank G. Turner, for the appellee.

PATTISON, J., delivered the opinion of the Court, reversing the decree below; with costs to the appellant.

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