Harbin v. Harbin

SIMPSON, Justice.

Mrs. Iciedoe Harbin sued John Harbin for a divorce, alleging cruelty and adultery. The appeal is by the defendant from a decree granting the plaintiff the divorce and awarding her alimony and the custody of the couple’s two children.

The point argued — and to which we will confine discussion (Supreme Court Rules 10 and 12, Code 1940, Tit. 7, Appendix; Louisville & N. R. R. Co. v. Holland, 173 Ala. 675, 55 So. 1001; Wetzel v. Hobbs, Ala.Sup., 31 So.2d 639 1 — is that the evidence was insufficient to rest a divorce decree on either ground. We think the argument is well founded.

Bo…