Stone v. Stone
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson Cpunty; Hugh A. Locke, Judge. Bill by J. P. Stone against Katie B. Stone. Erom a decree for plaintiff, defendant appeals. The bill was based upon the statutory grounds of voluntary abandonment. Respondent’s answer denied that she voluntarily abandoned complainant, and asserts that she left him under the compulsion of cruel and inhuman treatment and threats of violence.
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Appeal from Circuit Court, Jefferson Cpunty; Hugh A. Locke, Judge. Bill by J. P. Stone against Katie B. Stone. Erom a decree for plaintiff, defendant appeals. The bill was based upon the statutory grounds of voluntary abandonment. Respondent’s answer denied that she voluntarily abandoned complainant, and asserts that she left him under the compulsion of cruel and inhuman treatment and threats of violence. It shows that there are three children, aged 7, 5, and 4, respectively, in the custody of respondent, who is without means and dependent upon her small salary for support. The answer is made…
1Opinion of the CourtSomerville, J.
We have given careful consideration to the testimony in this cause. An argumentative discussion of it wopld be unpleasant as well as unprofitable, and we shall therefore simply state our conclusion.
[1] “In such cases the evidence should be clear and satisfactory that the abandonment by the wife was voluntary, and without fault on the part of the husband. That is to say, the husband must not by his own wrong or ill treatment cause the wife to abandon him. In such a case, if the wife be compelled, by the conduct of the husband toward her, for her own comfort and happiness, to leave him, the…
2Cases cited2 opinions
- Hill v. HillSupreme Court of Florida · 1911
- Israel v. IsraelSupreme Court of Alabama · 1913
3Cited by7 opinions
- Higgins v. HigginsSupreme Court of Alabama · 1930
- McEvoy v. McEvoySupreme Court of Alabama · 1925
- Thomas v. ThomasSupreme Court of Alabama · 1937
- Stapleton v. StapletonSupreme Court of Alabama · 1968
- Smith v. SmithSupreme Court of Alabama · 1963
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