Jones v. Jones
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting in Greene county. Before the Hon. D. G. Ligón, Chancellor. The plaintiff in error filed his bill, stating the marriage of himself and the defendant, together with other appropriate facts, alledging that she had voluntarily left his house, bed. and board, more than three years, and had voluntarily remained away ever since, with the intention of abandoning him; and thereupon praying a divorce a vinculo matrimonii.
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Writ of Error to the Court of Chancery sitting in Greene county. Before the Hon. D. G. Ligón, Chancellor. The plaintiff in error filed his bill, stating the marriage of himself and the defendant, together with other appropriate facts, alledging that she had voluntarily left his house, bed. and board, more than three years, and had voluntarily remained away ever since, with the intention of abandoning him; and thereupon praying a divorce a vinculo matrimonii. The defendant answered, admitting, the marriage of herself and the plaintiff, and that she had left his bed and board more than three…
1Opinion of the CourtCollier, C. J.
Marriage is a contract of a peculiar nature, and differing in some respects from all others, so that the rules of law which are applicable in expounding and enforcing others, may not apply to this. Its foundation, like that of all other contracts, rests on the consent of the parties ; but the rights, obligations or duties arising from it, are not left entirely to be regulated by the agreement of the parties. These are, to some extent, matters of municipal regulation, over which the parties have no control by any declaration of their will. Unlike other contracts, it cannot in general, amongst…
2Cited by6 opinions
- Gray v. GraySupreme Court of Alabama · 1849
- Hanberry v. HanberrySupreme Court of Alabama · 1857
- Stapleton v. StapletonSupreme Court of Alabama · 1968
- Pentecost v. PentecostSupreme Court of Alabama · 1920
- Stephenson v. StephensonSupreme Court of Alabama · 1927
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