Kerger v. Kerger

⁶⁰⁸ The following opinion was delivered per Curiam. The court has before it here two appeals in one record.. The first is from a decree denying Blanche Kerger, the appellant, a divorce a mensa, et thorn, and awarding to William. E. Kerger, the appellee, the custody of William, the infant son of'the parties, aged nine years, and to the appellant the-custody of their infant daughter Gladys, aged fifteen years,, and requiring the appellee to pay to the appellant, for the support and maintenance of Gladys, the sum of eighteen dollars per month.

The second appeal is from an order, subsequently passed, allowing for the appellant’s counsel a fee-of one hundred dollars for the prosecution of this appeal. The prayer for divorce is grounded on an allegation of cruelty of conduct by the husband, consisting in assaults, abusive names, and association with dissolute women and adultery. Upon the filing of the bill an allowance of alimony and counsel fee pendente lite was made by the court, and, upon allegations of danger of concealment or disposition of the husband’s property, he and his brother were restrained from disposing of any of it pending the suit. The parties were married in 1906, and have four children, Madeleine, aged nineteen years; Nellie, eighteen years; Gladys, fifteen years, and a boy, William Francis, nine-years ; all of whom were at the time of the suit living with, their mother. 'The parties separated in August of 1927,. after living four months on a farm in Howard County, and the wife then moved to property in Ellicott Gity owned by the husband.

The husband visited her at Ellicott City, however, cohabiting with her until the fall of that year, just-before the bill of complaint was filed. The evidence shows that the appellee was a drinking man,, intoxicated at times, and on those occasions abusive to hi& wife, calling her vile names. And also shows that the wife-retorted in kind, out of a habit, she says, which she acquired from him. And there was some evidence of his striking the wife at a long past date.

Some questionable association of the husband with neighboring young women was shown, but the evidence did not show actual wrongful relations with. ⁶⁰⁹ thorn. And the marital relations of the parties were continued for