Anonymous
Supreme Court of Alabama
Appeal from tbe Chancery Court at Montgomery. Heard before tbe Hon. H. Austill. Tbe bill in this case was filed by tbe appellee, on tbe 31st July, 1874, and sought a divorce from ber husband, on tbe ground of cruel treatment; and she also asked a decree giving her tbe custody and control of ber infant child, a girl four or five years old, tbe only issue of tbe marriage, and an injunction to prevent ber husband from removing it out of tbe county.
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Appeal from tbe Chancery Court at Montgomery. Heard before tbe Hon. H. Austill. Tbe bill in this case was filed by tbe appellee, on tbe 31st July, 1874, and sought a divorce from ber husband, on tbe ground of cruel treatment; and she also asked a decree giving her tbe custody and control of ber infant child, a girl four or five years old, tbe only issue of tbe marriage, and an injunction to prevent ber husband from removing it out of tbe county. On final bearing, on pleadings and proof, tbe chancellor refused to grant a divorce, but held that tbe complainant was entitled to tbe custody of tbe…
1Opinion of the Court
BBICKELL, C. J. —
The original bill was filed by the ap-pellee, seeking a divorce from the appellant on the ground of cruelty, and praying that to her be intrusted the custody of her infant child, a daughter, the sole issue of her marriage, then less than form, and now not eight years of age. *430Tbe chancellor, on a final bearing on tbe pleadings and voluminous proofs, directed not' only to tbe ground of divorce, but to all facts wbicb can be properly considered, in determining to wbicb of tbe parents tbe care of tbe child should be committed, refused a divorce, but decreed tbe custody of tbe…
2Cases cited3 opinions
- Bryan v. BryanSupreme Court of Alabama · 1859
- Hansford v. HansfordSupreme Court of Alabama · 1846
- Hardin v. HardinSupreme Court of Alabama · 1850
3Cited by26 opinions
- In Matter of BadgerSupreme Court of Missouri · 1920
- Sparkman v. SparkmanSupreme Court of Alabama · 1927
- Burns v. ShapleyAlabama Court of Appeals · 1917
- Hayes v. HayesSupreme Court of Alabama · 1915
- Jacobs v. JacobsSupreme Court of Minnesota · 1917
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