Alexander v. Alexander
Supreme Court of Alabama
Whit of Error to the Court of Chancery sitting at Montgomery. The plaintiff in error filed his bill, by guardian, alleging that he had been formally married to the defendant, in August, 1839; that at the time of such marriage, previously and since, he was incapable, by reason of the want of understanding, to enter into any contract, much less one by which a relation in life so important was formed.
Read the full summary
Whit of Error to the Court of Chancery sitting at Montgomery. The plaintiff in error filed his bill, by guardian, alleging that he had been formally married to the defendant, in August, 1839; that at the time of such marriage, previously and since, he was incapable, by reason of the want of understanding, to enter into any contract, much less one by which a relation in life so important was formed. He affirms that his menial incapacity was known to the defendant, and prays that the marriage solemnized between them may be declared null and of no effect inlaw. It is also alleged, that in…
1Opinion of the CourtColler, C. J.
It is insisted that the decree of the court of chancery is erroneous. 1st. For the refusal to grant a new trial of the issue which had been tried in the circuit court. 2. In directing the costs to be paid by the complainant’s guardian, out of his own estate.
1. The object of directing an issue,. except where the law makes it imperative upon the chancelloi-, is to satisfy his conscience upon some question of fact. No matter how contradictory the proof, he may decide the case for himself without calling in aid the verdict of a jury. The present case is not an exception to this remark, though…
2Cases cited2 opinions
- Mulock v. MulockNew York Court of Chancery · 1831
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
3Cited by19 opinions
- Eslava v. LepretreSupreme Court of Alabama · 1852
- Garner v. PrewittSupreme Court of Alabama · 1858
- Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.Supreme Court of Alabama · 1916
- Ex parte ColvertSupreme Court of Alabama · 1914
- Manning v. CarterSupreme Court of Alabama · 1917
14 more not listed; retrieve them via the Exa API.