Murray v. Murray
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas W. Coleman. The bill in this cause was filed by Mrs. Murray against her husband seeking alimony without a divorce.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas W. Coleman. The bill in this cause was filed by Mrs. Murray against her husband seeking alimony without a divorce. The chancellor on hearing decreed a certain sum to be paid monthly to Mrs. Murray, and to be a lien on defendant’s property; and afterwards on petition the chancellor decreed a certain sum in gross as alimony, declared such sum a lien on defendant’s property, and directed that the property of defendant be sold for the payment of such sum, the real estate first, and the personal property if necessary. From the decree of…
1Opinion of the CourtStone, C. J.
The present bill is by the wife against the husband, and prays for alimony, but does not seek a divorce. Many, probably a majority of the adjudged cases and elementary books hold that the relief here prayed can not be granted, except as an incident to divorce proceedings instituted. This court, obeying an instinct of humanity, and following the lead of several adjudged cases, declared a different doctrine near forty years ago, and has steadfastly maintained it. — Glover v. Glover, 16 Ala. 440; Hinds v. Hinds, 80 Ala. 225. The case last cited refers to most of the authorities supporting the…
2Cases cited12 opinions
- Ex parte HardySupreme Court of Alabama · 1880
- Lyon v. LyonSupreme Court of Connecticut · 1851
- Wightman v. WightmanIllinois Supreme Court · 1867
- Wallingsford v. WallingsfordCourt of Appeals of Maryland · 1825
- Glover v. GloverSupreme Court of Alabama · 1849
7 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Brady v. BradySupreme Court of Alabama · 1905
- Ex Parte JacksonSupreme Court of Alabama · 1925
- Hoellinger v. HoellingerNorth Dakota Supreme Court · 1918
- Brindley v. BrindleySupreme Court of Alabama · 1898
- Ortman v. OrtmanSupreme Court of Alabama · 1919
44 more not listed; retrieve them via the Exa API.