Alvey v. Hartwig

Citations

• 67 A. 132
• 106 Md. 254
• 11 L.R.A.N.S. 678
• 1907 Md. LEXIS 79

Syllabus

<p>Liability of Father for Support of his Children — Action by Wife After Divorce Against Husband to Recover for the Maintainance of Children in the Wife' r Custody.</p> <p>If there be one good count in a declaration, a general demurrer to it must be overruled.</p> <p>A father is primarily liable for the support of his infant children, and he is not released from, this obligation by the fact that the custody of the children was awarded to his wife under a decree by which she obtained a divorce from him, as a non-resident defendant not personally summoned.</p> <p>Where a divorce a vinculo from a husband after notice by publication, and the custody of infant children is granted to a wife, by a decree which makes no provision for their support, she is entitled to recover from the defendant, in an action at law, the cost of their maintenance; and it is not necessary that this right should be asserted in the divorce proceedings.</p>