Schilbach v. Schilbach

Adkins, J., delivered the opinion of the court. Oil March 13th, 1917, appellee filed the original bill of complaint in this case, in 'which she prayed for alimony pendente lite and counsel fee, for permanent alimony, and for further relief. On this bill an order nisi was passed allowing counsel fee of twenty-five dollars, and six dollars per week alimony pendente life. The bill charges that “the defendant left his home sometime during the month of February, 1916, voluntarily and wilfully and without any justification, and has failed and refused to contribute to the support of your complainant and the household and other expenses, with the exception of about thirty or thirty-five dollars, which was paid in five dollar payments irregularly between February ⁵⁷ and.

July, 1916, and lias, paid to your complainant and the support of the household expenses absolutely nothing since July, 1916. That the said defendant has never returned to his home, and the homo of your complainant, since February, 1916.” It further charges that the defendant left his home because of his attachment for one Mrs. Cooper of Ellicott City, Mcl., “on whom he has spent considerable money in various ways, and with whom, your complainant alleges, he has cohabited and had improper relations on divers occasions” ; that the defendant is a tailor by trade, and that complainant has reason to believe he is receiving a salary of from twenty-five to thirty-five dollars per week; that complainant is without any means of support except what she is able to earn by her own labor and the meager support she is given by her son, who is working for a small salary; that this son is the only child and lived with his parents until the separation and that complainant now resides with him. On May 8th, 1917, appellant filed an answer in which he denied that appellee had conducted herself as an affectionate wife and averred that, owing to her violent temper, appellee for the past four years made the life of appellant miserable and unhappy; he admits that he has not resided at his home since February, 1916, but avers that he has from time to time contributed to his wife’s support in accordance with his financial means and earning capacity; he denies that ho either voluntarily or willingly left his home, and avers that his wife deliberately ordered him out of his house, that she has threatened to shoot him, and has otherwise threatened his life; that owing to her violent and high temper she at times became so enraged that she would throw flower pots, etc., at him, ther’esby greatly endangering his life, and would at times deliberately strike and beat him, and otherwise made his life most unhappy, uncomfortable and miserable; that although hei has made every effort, both in person and through the influence of their child, to become reconciled with her, and offered to forgive her* for her rash acts and conduct, shef always refused and now refuses him permission to return to his house or to ⁵⁸ reconcile their differences. He also denies the charge of improper relations with Mrs. Cooper, and avers that this ma lie-ions charge is the outgrowth of a jealous disposition on the part of his wife.

He denies that he receives the salary mentioned in the bill, and avers that for some timei he was unable to secure steady employment, and has been making as little as three dollars per week, and that he has only recently secured employment, which is uncertain and may he terminated at any time; that he and his wife are the owners as tenants by the entireties of a fee simple lot of ground and improvements