Holston v. Holston
Supreme Court of Alabama
Error to the Chancery Court of Barbour, Heard before the Hon. J. W. Lesesne. This bill was filed by the defendant in error, Nancy Jane Holston, by her next friend, for a divorce a vinculo matrimonii from her husband, who is the plaintiff in error, on the alleged grounds of voluntary abandonment for three years and abandonment and living in adultery with another woman.
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Error to the Chancery Court of Barbour, Heard before the Hon. J. W. Lesesne. This bill was filed by the defendant in error, Nancy Jane Holston, by her next friend, for a divorce a vinculo matrimonii from her husband, who is the plaintiff in error, on the alleged grounds of voluntary abandonment for three years and abandonment and living in adultery with another woman. The defendant answered, denying the allegations of the bill, alleging that the complainant had voluntarily abandoned him for three years, and praying that his answer may be taken as a cross bill, and that a divorce a vinculo may…
1Opinion of the CourtGoldthwaite, J.
The bill in the present case seeks the dissolution of the marital ties on two grounds: first, that the defendant has abandoned the complainant with the intention of abandonment for the term of three years; and, second, that he has abandoned the complainant and lived in adultery with another woman.
In relation to the second ground the. bill is unquestionably defectivo, in not alleging the charge with a sufficient degree of certainty. All the authorities agree, that in making an allegation of this nature, the name of the woman should be given, or an excuse rendered for not doing so by the…
2Cases cited3 opinions
- Underhill v. Van CortlandtNew York Court of Chancery · 1817
- Hill v. HillSupreme Court of Alabama · 1846
- Kane v. KaneNew York Court of Chancery · 1840
3Cited by14 opinions
- Farley v. FarleySupreme Court of Alabama · 1891
- Throckmorton v. ThrockmortonSupreme Court of Virginia · 1890
- Wilkinson v. WilkinsonSupreme Court of Georgia · 1924
- Wakefield v. WakefieldSupreme Court of Alabama · 1928
- Axtmayer v. OrtizSupreme Court of Puerto Rico · 1913
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