Jones v. Jones
Supreme Court of Alabama
Appeal from Shelby County Court. Heard before Hon. E. S. Lyman. Bill by Mary Jones against J. W. Jones for absolute divorce on the grounds of cruelty. From a decree for complainant and dismissing respondent’s cross-bill, respondent appeals.
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Appeal from Shelby County Court. Heard before Hon. E. S. Lyman. Bill by Mary Jones against J. W. Jones for absolute divorce on the grounds of cruelty. From a decree for complainant and dismissing respondent’s cross-bill, respondent appeals. The respondent denied the cruelty and. filed a plea alleging the invalidity of his marriage with complainant because of the existence of a living husband of a former marriage, and by cross-bill prayed for a decree annulling his alleged marriage with complainant.
1Opinion of the CourtSomerville, J.
There are three main issues of fact as.to all of which the chancellor found adversely to the appellant: (1) Did the complainant, Mrs. Jones, have a legal living husband by a former marriage at the time she married,the respondent, thus invalidating the marriage here sought to be dissolved? (2) If not, has the respondent been guilty of the marital cruelty charged by the complainant? (3) If so, was there such bad conduct and bad faith on the part of the complainant herself as to outlaw her complaint in a court of equity and,conscience?
Without the aid of any presumption of law from the long…
2Cases cited1 opinion
- Firemen's Insurance v. Cochran & Co.Supreme Court of Alabama · 1855
3Cited by8 opinions
- Phillips v. PhillipsSupreme Court of Alabama · 1930
- Smith v. SmithSupreme Court of Alabama · 1945
- Campbell v. CampbellSupreme Court of Alabama · 1949
- Ray v. RaySupreme Court of Alabama · 1944
- Apperson v. AppersonSupreme Court of Alabama · 1928
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