PAYNE v. PAYNE, 178 Md. 681 (1940)

16 A.2d 165

MABEL E. PAYNE v. GEORGE N. PAYNE

[No. 20. October Term, 1940.]Court of Appeals of Maryland.
Decided November 13th, 1940.

Divorce — Cruelty — Review on Appeal.

Acts of alleged cruelty by a husband towards his wife, in connection with petty quarrels, debates and altercations, with evidence showing that the wife was in no fear of the husband nor in danger of violence from him, and that she was perhaps guiltier than he in provoking the quarrels, held not ground for the grant of a divorce to the wife.

In a divorce case, wherein the nature, disposition, mental attitude, and tempers of the parties are important factors, and the chancellor has a better opportunity than the appellate court to survey the situation, the decree should not be reversed unless it appears to be clearly wrong.

Decided November 13th, 1940.

Appeal from the Circuit Court for Howard County, In Equity (FORSYTHE, J.).

Bill by Mabel E. Payne against George N. Payne. From a decree dismissing the bill, plaintiff appeals. Affirmed.

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

Hartwell M. King and Murray MacNabb, for the appellant.

T. Hunt Mayfield, Jr., and James Clark, for the appellee.

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

Unreported cases.

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