Smedley v. Smedley
Supreme Court of Alabama
Appeal from the Chancery Court at Wetumpka. Heard before the Hon. James B. Claek. This bill was filed by Mi’s. Harriet Smedley, by ber next friend, to obtain a divorce from ber bnsband, George Smedley, on tbe ground of cruelty.
Read the full summary
Appeal from the Chancery Court at Wetumpka. Heard before the Hon. James B. Claek. This bill was filed by Mi’s. Harriet Smedley, by ber next friend, to obtain a divorce from ber bnsband, George Smedley, on tbe ground of cruelty. Tbe only allegations of tbe bill, respecting the defendant’s cruel treatment, were as follows: “That ber said husband, soon after their marriage, commenced treating ber, and did treat ber, with cruelty and inhumanity; that on various occasions be has inflicted blows upon her in anger, and with much violence, thereby endangering ber health and life; that be has refused…
1Opinion of the Court
HICE, O. J.
According to tbe authorities, tbe suit for divorce, on tbe ground of cruelty, is substantially a proceeding quia timet. Tbe court interferes, not merely because acts of cruelty have been committed, nor to punish such acts, but to afford protection to the complainant for tbe future. — Bishop on Marriage and Divorce, §§ 454-501, where the authorities are collected.
Any conduct on tbe part of tbe husband, which furnishes reasonable apprehension that tbe continuance of tbe cohabitation would be attended with bodily barm to the wife, is legal cruelty to ber. Of course, an act of unlawful…
2Cited by23 opinions
- Jones v. JonesTexas Supreme Court · 1883
- Turner v. TurnerSupreme Court of Alabama · 1870
- Phillips v. PhillipsSupreme Court of Alabama · 1930
- McMahon v. McMahonSupreme Court of Alabama · 1910
- Goodrich v. GoodrichSupreme Court of Alabama · 1870
18 more not listed; retrieve them via the Exa API.