Edwards v. Edwards
Supreme Court of Alabama
Appeal from tbe Chancery Court of Jefferson. Heard before the Hon. James B. Clabjí. This bill was filed by Mrs. Mary C. Edwards, by her next friend, against her husband, Wiley C. Edwards; seeking to obtain a divorce, on the grounds of cruelty, adultery, and abandonment, and to have certain slaves set apart to her as alimony. The parties were married in this State, and soon afterwards removed to Mississippi, where the alleged grounds of divorce occurred.
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Appeal from tbe Chancery Court of Jefferson. Heard before the Hon. James B. Clabjí. This bill was filed by Mrs. Mary C. Edwards, by her next friend, against her husband, Wiley C. Edwards; seeking to obtain a divorce, on the grounds of cruelty, adultery, and abandonment, and to have certain slaves set apart to her as alimony. The parties were married in this State, and soon afterwards removed to Mississippi, where the alleged grounds of divorce occurred. Of the slaves which the complainant asked to have set apart to her, some belonged to her at the time of her marriage, which occurred in this…
1Opinion of the CourtRice, C. J.
According to section 1969 of the Code, when the defendant to a bill for divorce is a non-resident, the complainant “must have been a bona-fide resident of this State, for one year next before the filing of the bill; which must be alleged in the bill, and proved.” One of the objects of the bill in this case, is .to obtain a divorce. There is no proof that the complainant was a resident of this State, for one year next before the filing of the bill. For want of such proof, the bill, so far as it could be regarded as a bill for divorce, should have been dismissed, without prejudice to the right…
2Cases cited2 opinions
- Larkins v. BiddleSupreme Court of Alabama · 1852
- Taliaferro's Adm'r v. Branch BankSupreme Court of Alabama · 1853
3Cited by3 opinions
- Burns v. HudsonSupreme Court of Alabama · 1860
- Collins v. SmithSupreme Court of Alabama · 1908
- Fossett v. TurkSupreme Court of Alabama · 1911