Legal Opinion

O'Byrne v. O'Byrne

Supreme Court of Alabama

Decided June 12, 1924No. 6 Div. 117PublishedCited by 6 opinions

1Opinion of the CourtBouldin, J.

The suit is by the wife for divorce from the husband, “for becoming addicted after marriage to habitual drunkenness.” Code 1907, § 3793, subd. 6.

This ground of divorce must be construed according to the usual and ordinary import of the words employed.

“Becoming addicted” is a recognition of the fact of common knowledge that the continued use of alcoholic liquors creates a craving or thirst therefor which steadily breaks down one’s powers of resistance. Still, as here used, it cannot be said that one must become the helpless victim of strong drink. If a husband of strong will and full…

2Cited by6 opinions

  1. Pratt v. DalyArizona Supreme Court · 1940
  2. Henry v. StateMississippi Supreme Court · 1968
  3. Lewis v. LewisSupreme Court of Iowa · 1945
  4. Armstrong v. ArmstrongSupreme Court of Alabama · 1928
  5. Hereid v. HereidSupreme Court of Minnesota · 1941

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