Juergens v. Juergens

Urner, J., delivered the opinion 'of the Court. The parties to this suit for partial divorce and alimony were married February 9th, 1924, and their final separation occurred in March, 1929, shortly before the birth of their second child. In the meantime they had lived together in Elkton, Md., except for periods when the wife, who is the plaintiff, was visiting her mother in Passaic, N. J. The first child of the marriage was born there.on November 30th„ 1924, the plaintiff having gone to her mother’s home for the ⁵³³ confinement. This visit was followed at intervals by others, more or less prolonged, which were induced mainly by the-fact that the plaintiff was in ill health and desired the benefit of her mother’s care.

When absent on these visits the plaintiff was provided with money by her husband, and she-wrote him a number of affectionate letters, which are reproduced in the record. Upon her return to Elkton, on each occasion, except the last, the marital associations of the parties were resumed. But the evidence supports the conclusion of the chancellor that their “married life was discordant, the husband apparently being afflicted with an unamiable disposition and constantly administering 'silent treatment’ to his wife, which was not conducive to mutual happiness and contentment.” Prior to the plaintiff’s return, early in March, 1930, from a visit to her mother, the defendant wrote her a letter containing the following expression: “I’ve been made a monkey out of long enough, but now my tune is turned. I never will be the same to you. * * * I know you don’t feel good and I don’t blame you one-bit for not wanting to live in this town, and I know it isn’t much of a place for any one to live is used to a city, so I think the best thing you can do is to stay home as I am sick and tired of it all.

I have no money to send you now, soyóu will have to wait until the last of the week.” On March 11th, 1930, the plaintiff