Freeny v. Freeny

Citations

• 80 Md. 406
• 31 A. 304
• 1895 Md. LEXIS 8

Syllabus

<p>Divorce a Mensa — Cruelty of Treatment — Competency of Children to Testify — Filing of Exceptions to Evidence in Equity Causes.</p> <p>On a bill for a divorce a mensa by a wife against her husband on the ground of cruelty of treatment, proof that the defendant had frequently used personal violence towards the .plaintiff, and threatened her with great bodily harm, and had done acts injurious to the plaintiff’s health, entitles her to the relief asked for.</p> <p>Whether children of tender years are competent witnesses, is a matter within the discretion of the trial Court.</p> <p>When evidence is taken before an Examiner in Equity, and a party objects to certain testimony, the Examiner should be directed to note the objection without setting forth the ground of it, except when a question is objected to as leading. But after the evidence is returned, written exceptions to the testimony, indicating the evidence excepted to, the grounds of the objections, and the names of the witnesses, should be filed in the cause before the hearing. It is not sufficient to except generally to “ all the testimony objected to and noted by the Examiner.”</p>