Carr v. Carr
Supreme Court of Alabama
Appeal from' Bessemer City Court. Heard before Hon. William Jackson. Bill by Lucy Carr against ZenusCarr for divorce on account of cruelty. From a decree dismissing the bill,, complainant appeals.
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Appeal from' Bessemer City Court. Heard before Hon. William Jackson. Bill by Lucy Carr against ZenusCarr for divorce on account of cruelty. From a decree dismissing the bill,, complainant appeals. The allegations as to' the cruelty are as follows: “Orator avers that just prior to the said separation the defendant cursed orator and threatened to kill her, and struck at her Avith a chair, and that on the day of the said separation defendant ran orator out of thfe house and threatened to kill her; and orator avers that she was put in fear of being done great bodily harm if she tried to continue…
1Opinion of the CourtMayfield, J.
Appellant filed her bill for divorce on the ground of cruelty. The husband failed to answer, and a decree pro- confesso was duly taken against him. Evidence was then taken by the complainant, which, if true — and there was nothing to the contrary— proved the averments of the bill. And the averments were sufficient under the statute.
The complainant testified as follows: “The defendant and I were married in Bessemer, Ala., on the 17th day of October, 1906, and lived together as man and wife in said city and county until on or about the 13th day of September, 1908, at which time defendant, Zenus…
2Cases cited4 opinions
- Turner v. TurnerSupreme Court of Alabama · 1870
- Goodrich v. GoodrichSupreme Court of Alabama · 1870
- Folmar v. FolmarSupreme Court of Alabama · 1881
- Striplin & Co. v. Cooper & SonSupreme Court of Alabama · 1885
3Cited by5 opinions
- Littleton v. LittletonSupreme Court of Alabama · 1932
- Roberts v. RobertsSupreme Court of Alabama · 1945
- White v. WhiteSupreme Court of Alabama · 1965
- Weems v. WeemsSupreme Court of Alabama · 1950
- Hammon v. HammonSupreme Court of Alabama · 1950