Higgins v. Higgins

This case was tried by the judge of the circuit court sitting in equity. -He found that the husband was due an absolute divorce, rather than that the wife was due one from bed and board, and decreed accordingly.

There was much evidence, all taken orally in open court. Under such circumstances, the finding and decree of the court are usually treated m the same status as the verdict of a jury, when on appeal we are called upon to weigh the sufficiency 'of the evidence. McNaron v. McNaron, 210 Ala. 687, 99 So. 116; McClurkin v. McClurkin, 206 Ala. 513, 90 So. 917.

The rules of law applicable to…