Shirey v. Hill
Supreme Court of Arkansas
Appeal from Lawrence Chancery Court; George T.. Humphries, Chancellor; statement by the court. Appellee, by her next friend, F. A. Hill, brought this action, and alleged that she was a minor under eighteen years of age, that she and appellant were married on the 29th day of February, 1904, and lived together until the 24th day of May, 1904. That appellee, by her next_ friend, brought suit for a divorce from this appellant, and that, in consideration of a certain written…
Read the full summary
Appeal from Lawrence Chancery Court; George T.. Humphries, Chancellor; statement by the court. Appellee, by her next friend, F. A. Hill, brought this action, and alleged that she was a minor under eighteen years of age, that she and appellant were married on the 29th day of February, 1904, and lived together until the 24th day of May, 1904. That appellee, by her next_ friend, brought suit for a divorce from this appellant, and that, in consideration of a certain written contract, she dismissed her cause of action for divorce on the 12th day of January. The contract that is the foundation of…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Alimony, in general terms, “is the allowance which a husband pays by order of court to his wife while living separate from him.” 2 Bishop, Marriage, Divorce and Separation, § § 1385-6.
A separate suit for alimony, under our statute, may be maintained, and is cognizable, only in a court of equity. Kirby’s Digest, § 2675; Wood v. Wood, 54 Ark. 172.
Mr. Bishop says: “Since parties may validly bargain to do whatever accords with their legal rights and duties, * * * if a husband and wife are living apart, he may * * * validly bind himself to render her a specific…
2Cases cited2 opinions
- Wood v. WoodSupreme Court of Arkansas · 1891
- Casteel v. CasteelSupreme Court of Arkansas · 1882
3Cited by9 opinions
- McCue v. McCueSupreme Court of Arkansas · 1946
- Ex parte CoulterSupreme Court of Arkansas · 1923
- Strasner v. StrasnerSupreme Court of Arkansas · 1960
- Gilliam v. GilliamSupreme Court of Arkansas · 1960
- Ex parte HallSupreme Court of Arkansas · 1916
4 more not listed; retrieve them via the Exa API.