Cornelius v. Cornelius
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. A. J. Walker. The bill in this case was filed, in August, 1852, by Mrs. Emily Cornelius, suing by her next friend, against her husband, William Cornelius; and sought a divorce a vinculo matrimonii, on the ground of the defendant’s cruelty, resulting from his habitual intoxication; also, a division of the husband’s property, and that the custody and education of the only child of the marriage, who was about…
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Appeal from the Chancery Court of Madison. Heard before the Hon. A. J. Walker. The bill in this case was filed, in August, 1852, by Mrs. Emily Cornelius, suing by her next friend, against her husband, William Cornelius; and sought a divorce a vinculo matrimonii, on the ground of the defendant’s cruelty, resulting from his habitual intoxication; also, a division of the husband’s property, and that the custody and education of the only child of the marriage, who was about three months old when the bill was filed, might be committed to the complainant. The defendant answered the bill; admitting…
1Opinion of the CourtStone, J.
— The act, entitled an act “to educate children in certain cases,” approved January 1st, 1833, declares, •“ that the courts of chancery in this State shall have power, in all cases of separation between man and wife, and neither party shall obtain a divorce, to give the custody and education of the children to either .the father or mother, as.to them may-seem right and proper; having regard to the prudence and ability of the parents, and the age and sex of the child or children.” — Paraph. Acts, 1832-3, p. 18; Clay’s Digest, 171, ■§ 20.
In Hansford v. Hansford, 10 Ala. 561, this court,…
2Cases cited5 opinions
- Burton v. HolleySupreme Court of Alabama · 1856
- Rumbly v. StaintonSupreme Court of Alabama · 1854
- Gray v. GraySupreme Court of Alabama · 1849
- Hansford v. HansfordSupreme Court of Alabama · 1846
- Codd v. CoddNew York Court of Chancery · 1816
3Cited by17 opinions
- Ex Parte DevineSupreme Court of Alabama · 1981
- In Matter of BadgerSupreme Court of Missouri · 1920
- Thomas v. ThomasIllinois Supreme Court · 1911
- Hayes v. HayesSupreme Court of Alabama · 1915
- Bryan v. BryanSupreme Court of Alabama · 1859
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