The evening times. [volume] (Washington, D.C.) 1895-1902, 1902-04-02
Opinion VIII Probably Be
Followed in All Similar
Litigation Hereafter.
ALIM0NY AND SEPARATION
Questions Brought Up in the Suit Of Mrs.
Annie Poole Against M. John 4. Poole
for Limited Divorce, Alimoay, and
Counsel Fees PeEdente Lite.

Justice Haguer today announced a de-
cision in when the status Of the divorce
law Of the District is plainly defined
The opinion viii no doubt be followed
in al subsequent proceedings relative to
divorce suits pending or which may be
instituted in the local courts.
The opinion IN effect is that under the
code, the courts cannot entertain or make
q decree for divorce In any cause in
which inhdeIity Is not alleged as the basis
OF action
The matter came up for consideration
in connection with the suit Of Mrs. Annie
Poole against Mr.. John H. Poole. for a
limited divorce and aIimony and counsel
fees. Pendente lite. In dispOsing Of the
matter Justice Hagner said.
Case in Question.
This bill was flied on the 18th OF
March. 1902. alleging cruelty on the part
Of the defendant. endangering her life and
health. and that he deserted her in De-
csmber. 1897; praying FOR a divorce
mensa GO thOrO-On the ground OF cruelty
and deserJion. and that an order be passed
granting her $50 a month aIimony. pen
dsnte lite and suit money and the further
sum Of 500 as counsel fees On the same
day the defendant vas returned sum
moned-
NO further proceedings we're had in
the cause until today when a petition was
fled on behalf Of the complainant speei-
hcally applying for an order for the ali
mony pendente lite and counsel fees.
4 passed an order refusing the prayer
Of the petitioner upon the grounds,
first. as 10 the prayer for divorce mensa
et tho4o-beeause the court has no jurls-
dietion 70 grant the application under the
existing provision or the divorce law as
contained IN the code.
Legal Separation.
Section 9e6. declares there shall be no
divorce from the bond OF marriage except
for adultery. but that legal separation
from bed and board may be granted for
drunkenness. cruelty or desertion.
section s6s declares that when a di-
v0Tce from the bond Of marriage is prayed
the court shall have authority 10 decree q
divorce from bed and board. II the causes
proved be sufficient 10 entitle the party
divorce from the bond Of matrimony is
prayed. and, as I construe the law, the
presence Of such a prayer is essential 10
the passing OF a decree % divorce. a
mensa et thoro.
Besides there is no explanation in the
section as TO the character OF duration
Of the three causes which are spoken Of
in section e66. as providing a grant for
legal separation What kind Of drunken
ness OF desertion nay have existed is
LEFT unexplained by the law As the pro-
visions in this section are only prospec-
tive. and the divorce provisions Of the
Revised Statutes are repealed. there is no
law in existence TO meet such a case.
Question cf AIimouy.
with respect 10 the application FOR
aliuony. pendenre lite. section $40 es-
peciaIIy limits the power Of the court to
decree except during the pendency Of the
suit FOR divorce which must be taken 20
mean a suit for divorce from the bond 9f
marriage. CT 20 a cas- where the appli-
cation Is made to declare marriage void.
This cause comes under neither OF these
conditions
The provisions as 90 maintenance Of
wife in section $50 stands upon a different
footing, and must be pursued in an en-
tirely different form OF proceeding.
Having no Jurisdiction 70 grant the
relief prayed in the petition in either
form. the prayer therein is refused