Hastings v. Hastings

Adkins, J., delivered the opinion of the Court. Jennie L. Hastings and George Edward Hastings, appellant and appellee, respectively, were married on the 27th day of February, 1920. Soon after their marriage they took up their abode with appellee’s mother at her hotel in Ocean City, Maryland, and lived with her there until about the first of June, when they moved to a cottage owned by the mother-near the hotel. During their residence with the elder Mrs. Hastings, they assisted her in the work about the hotel, the-daughter-in-law and mother-in-law were congenial, and they all were apparently contented and happy.

The trouble seems-to have begun soon after they moved to the cottage, when appellant, who had previously been dissipated, returned to his former habit of drinking to excess, which resulted in the-separation of the parties, the wife leaving the home on September 17th, 1920. The bill for divorce on the ground of abandonment was filed by the husband on October 10th,. 1923, and the suit resulted in a decree granting the plaintiff an absolute divorce. Defendant testified that she knew before her marriage of plaintiff’s drinking, but that he was converted under her influence before the marriage, and said he was going to lead a different life. This she says he did while they remained’ with his mother; but after they moved he started to- drink again, -and almost immediately began to complain of the expense of supporting her, and her two daughters by a former-husband-; was “nasty and aggravating; said he had a hell'of a job to raise another man’s damn young ones”; that at first’ he treated the children very well but got tired, and was unkind and unreasonable in correcting them; that he drank al ¹⁷⁹ most continuously the latter part of the time they remained, together; that his drinking,! complainingi 'and quarreling “worried me nearly to death.

I would have fainting spells”; that she could not sleep: and became a total wreck; that on ■one occasion he threw a fork at her dnring a quarrel at the supper table when he had been drinking; the fork hitting her <on the shoulder .as she dodged, 'but not 'hurting her; that on this occasion she packed np her things to leave that night •“and he pleaded with me to stay. He came next morning and borrowed, four dollars. I told him I could not spare it, T might need it. He says, ‘Don’t leave today}: Jennie; if you ■won’t leave I will do the best I can.’ I then replacd my furniture and everything was fixed up when he came back”; that his promise of good behavior lasted about a week; that on “the night that I left he had been drinking some dnring the ■week and he came home that night drunk, and I said ‘Ned, where did you get it’ ?

He says, ‘That is none of yonr damn business, I will drink as long as my money will pay for it.’ 1 says, ‘You go ahead, help yourself’ ”; that on this night, September 17th, 1920, she packed np her things:, and sent for the chief of police, who helped her move them to her sister’s, Mrs. 'Collins, who. lived across the street. When asked by her counsel why she left her husband, she said ■“after he threw the fork at me I was afraid to stay with him.” .. On cross-examination, however, when asked what reason she gave her husband for leaving him, she said: “I had told him before I was going to leave him when he became drunk ■and abusive, and I kept my promise.” Q. Yon left that time because he was drunk ? Ans.

He was abusive, cursing. Q. Tell the court what he said that night.? Ans. He came in so drunk, and I said you promised me that you were not •going to do this again.

I asked him where he got it, and he •said it is none of your damn business; my money bought it, •and if you don’t like it you can get out. Q. Is that the reason you left ? Ans. Y es.

Q. Was that the only reason you .left ? Surely. ¹⁸⁰ She testified that on some previous occasion “he told, if I didn’t get out he was going to put me out and throw the furniture out,” but later be begged her to stay, and she did. On the night she left, and a number of times afterwards, appellee begged her to return to him, hut she declined to have any communication with him and turned a deaf ear to every appeal. It must be said -that if defendant was justified in leaving plaintiff in the manner she did her refusal to- return is open to no criticism, as there is nothing in the record to show there has been any reformation on his part.

Mrs. Baker, one of defendant’s children, who- was with them during that summer, corroborates her mother’s testimony as to plaintiff’s drinking most of the time; also as to the fork incident, and as to the statement by him that if her mother did not get out he would put her out. When asked what his attitude was towards her mother 'and the children she said, “Well, he wasn’t exactly abusive that I noticed, hut he was fussy and sneery around the house.” The only time she saw any act of violence by him was “when he threw the fork across the table.” She and other witnesses testified as to Mrs. Hastings’ nervous condition resulting from the misbehaviour of her husband. From the whole testimony it is apparent that the defendant left the plaintiff deliberately and with the fixed determination to sever their marriage relation, and that this determination on her part was irrevocable; that his conduct had been such as to arouse disgust, hut not fear. The contentions of appellant, as stated in her brief, are: 3.

That by plaintiff’s misconduct she was justified in fad in leaving him. 2. That, in any event, she did have such just cause and reason because she would be entitled to a divorce either a mensa or a vinculo had she seen fit to file a cross bill: (a) On the ground of cruelty of treatment, (h)On the ground of adultery. Discussing the second point first: (a) The misbehavior of the appellee was gross and disgusting. But it was not of ¹⁸¹ the character to constitute cruelty of treatment such as has been held in this State to be a