Gibson v. Gibson
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Bill by R. C. Gibson against Willie Gibson for divorce. Respondent filed a cross-bill seeking temporary alimony, solicitor’s fee, and permanent alimony. There was a decree granting divorce, but denying alimony, and from this decree respondent appeals. The facts sufficiently appear. The respondent’s note of submission contained, among other things, “answer to original bill and amendment.”
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Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Bill by R. C. Gibson against Willie Gibson for divorce. Respondent filed a cross-bill seeking temporary alimony, solicitor’s fee, and permanent alimony. There was a decree granting divorce, but denying alimony, and from this decree respondent appeals. The facts sufficiently appear. The respondent’s note of submission contained, among other things, “answer to original bill and amendment.” Demurrers as to voluntary abandonment should have been sustained. 196 Ala. 164, 71 South. 696; 74 South. 971; 14 Cyc. 611. The evidence did .not…
1Opinion of the CourtAnderson, C. J.
[1] Whether the trial court did or did not err in overruling the respondent’s demurrer to the original bill for abandoment is of no moment, for the reason that the bill was subsequently amended charging adultery also, and the trial court expressly granted relief upon this latter ground; so, if there was error in the ruling upon the pleading as to the abandonment feature of the bill, it was error without injury.
A discussion or recital of the evidence in this case can serve no good purpose. It is sufficient to say that the same has been carefully considered, and we think that the weight of same…
2Cases cited8 opinions
- Murray v. MurraySupreme Court of Alabama · 1887
- Jeter v. JeterSupreme Court of Alabama · 1860
- Lovett v. LovettSupreme Court of Alabama · 1847
- Johnson v. JohnsonSupreme Court of Alabama · 1916
- Rast v. RastSupreme Court of Alabama · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sills v. SillsSupreme Court of Alabama · 1944
- Steiner v. SteinerSupreme Court of Alabama · 1950
- Higgins v. HigginsSupreme Court of Alabama · 1930
- Sharp v. SharpSupreme Court of Alabama · 1935
- Ex Parte AppersonSupreme Court of Alabama · 1928
7 more not listed; retrieve them via the Exa API.