Ex parte Edwards
Supreme Court of Alabama
Original petition in the Supreme Court. Petition by G. B. Edwards for mandamus directed to the Hon. J. G. B. Gwin, judge of the city court of Bessemer, to require him to vacate and set aside an order and decree affirming or confirming the report of the special master granting to Maggie Edwards alimony and solicitor’s fees, and adjudging that petitioner and Maggie Edwards were legally married. Mandamus awarded.
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Original petition in the Supreme Court. Petition by G. B. Edwards for mandamus directed to the Hon. J. G. B. Gwin, judge of the city court of Bessemer, to require him to vacate and set aside an order and decree affirming or confirming the report of the special master granting to Maggie Edwards alimony and solicitor’s fees, and adjudging that petitioner and Maggie Edwards were legally married. Mandamus awarded. Mandamus is the proper remedy.- — 144 Ala. 414. A prima facie case has been made for the issue of the rule nisi. The court cannot rid itself of the burden of determining the principal…
1Opinion of the CourtSayre, J.
— We are not much impressed with the idea that complainant in the court below will be entitled to relief, either by way of divorce or by way of an annulment of his marriage with defendant, on any ground alleged in his bill, though that will remain an open question until the final decree shall be rendered. We state our impression, for the reason that complainant’s denial of the lawfulness of his marriage with defendant and defendant’s application for allowances pendente lite made it necessary in the court below to determine provisionally the question of marriage vel non between the parties.
The…
2Cases cited3 opinions
- Bulke v. BulkeSupreme Court of Alabama · 1911
- Ex parte JonesSupreme Court of Alabama · 1911
- Harrison v. HarrisonSupreme Court of Alabama · 1851
3Cited by15 opinions
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- Evans v. EvansSupreme Court of Alabama · 1917
- Demarigny v. DemarignySupreme Court of Florida · 1949
- Duncan v. JohnsonSupreme Court of Alabama · 1976
- Ortman v. OrtmanSupreme Court of Alabama · 1919
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