Ex parte Whitehead
Supreme Court of Alabama
Original Petition in Supreme Court. Petition by R. D. Whitehead for mandamus directed to the Honorable A. H. Benners to compel him to vacate and avoid a decree granting temporary alimony and for other relief. Section 3803, Code 1907, makes alimony payable as a matter of right and payable out of the estate only of the husband.
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Original Petition in Supreme Court. Petition by R. D. Whitehead for mandamus directed to the Honorable A. H. Benners to compel him to vacate and avoid a decree granting temporary alimony and for other relief. Section 3803, Code 1907, makes alimony payable as a matter of right and payable out of the estate only of the husband. It would appear therefore, not only that the alimony ivas excessive, but that the court was without authority to take into consideration in fixing alimony anything other than the estate of the respondent. The allowance of alimony pendente lite is a matter of right and…
1Opinion of the CourtSayre, J.
Petitioner was sued for a divorce, and the chancellor in due course made a decree requiring him to pay to complainant for the support of herself and her infant child pendente lite the sum of $60 a month. If an- allowance for alimony pendente lite ought to be limited with reference to the earning capacity of petitioner’s invested capital, the amount decreed would be considered excessive. But petitioner’s earning capacity is not limited to his income from invested capital. He is young and vigorous and has been actively engaged in business, earning on an average, as we roughly estimate, from…
2Cases cited1 opinion
- Webb v. WebbSupreme Court of Alabama · 1903
3Cited by14 opinions
- Hager v. HagerSupreme Court of Alabama · 1974
- Epps v. EppsSupreme Court of Alabama · 1929
- Ortman v. OrtmanSupreme Court of Alabama · 1919
- Ryan v. RyanSupreme Court of Alabama · 1958
- Johnson v. JohnsonSupreme Court of Alabama · 1916
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