Morrison v. Morrison
Supreme Court of Alabama
Bill for Divorce. Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Bill by Nell Morrison against Roddy Morrison, for divorce on the grounds of cruelty and habitual drunkenness.
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Bill for Divorce. Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Bill by Nell Morrison against Roddy Morrison, for divorce on the grounds of cruelty and habitual drunkenness. Decree .for respondent and complainant appeals. — Counsel insist that under the evidence, a case of cruelty was made out, and cite in support thereof. — Darnel v. Deevid, 27 Ala. 222; King v. King, 28 Ala. 315; Smedly v. Smedly, 30 Ala. 714; Goodrich v. Goodrich, 44 Ala. 670. — The proof did not make a case of habitual drunkenness, and this being purely a question of fact, the conclusion of the…
1Opinion of the CourtAnderson, J.
— The complainant sought a divorce from the respondent: First. Under section 3795 of the Code of 1907, which reads as follows: “To wife in case of cruelty by husband. — In favor of wife, when the husband has committed actual violence on her person, attended with danger to life or health, or when from his conduct there is reasonable apprehension of such violence.” Second. Under paragraph 6, § 3793, for becoming addicted after marriage to habitual drunkenness.
This court, in construing section 3795, has held that it is incumbent upon the wife to show actual violence upon her person, attended…
2Cases cited2 opinions
- Wood v. WoodSupreme Court of Alabama · 1885
- Folmar v. FolmarSupreme Court of Alabama · 1881
3Cited by6 opinions
- Calhoun v. CalhounSupreme Court of Alabama · 1965
- Campbell v. CampbellSupreme Court of Alabama · 1949
- Hammon v. HammonSupreme Court of Alabama · 1950
- Pitchford v. PitchfordSupreme Court of Alabama · 1931
- Ussery v. UsserySupreme Court of Alabama · 1953
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