Legal Opinion

Hanberry v. Hanberry

Supreme Court of Alabama

Decided January 15, 1857PublishedCited by 11 opinions

Appeal from the Chancery Court of Bibb. Heard before the Hon. James B. Clark. This bill was filed by Mrs. Rebecca J. Hanberry, suing by her next friend, against her husband, Henry R. Hanberry ; asking a divorce, on the grounds of adultery and abandonment. A decree pro confesso, on proof of publication, was taken against the defendant as a-non-resident.

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Appeal from the Chancery Court of Bibb. Heard before the Hon. James B. Clark. This bill was filed by Mrs. Rebecca J. Hanberry, suing by her next friend, against her husband, Henry R. Hanberry ; asking a divorce, on the grounds of adultery and abandonment. A decree pro confesso, on proof of publication, was taken against the defendant as a-non-resident. On final hearing, the chancellor dismissed the bill, on the ground that the alleged abandonment occurred in South Carolina, where the defendant resided, and therefore the court had no jurisdiction. The decree of the chancellor is now assigned…

1Opinion of the Court

"WALKER, J.

As there is no evidence sustaining any of the other charges in complainant’s bill than abandonment, we need not consider this in any other light than a suit for divorce upon the ground of abandonment.

The parties were married," in this State, in 1847. In 1819 the defendant went to South Carolina, whither the plaintiff followed him. Some time before March, 1851, she returned to Alabama, leaving him in South Carolina ; and she resided with her father, in Bibb county in this State, continuously from that time till the commencement of the suit, in February, 1855. The circumstances under…

2Cases cited5 opinions

  1. King v. KingSupreme Court of Alabama · 1856
  2. Tolen v. TolenIndiana Supreme Court · 1831
  3. Gray v. GraySupreme Court of Alabama · 1849
  4. Fishli v. FishliCourt of Appeals of Kentucky · 1822
  5. Jones v. JonesSupreme Court of Alabama · 1848

3Cited by11 opinions

  1. Jones v. JonesSupreme Court of Alabama · 1891
  2. Strouse v. LeipfSupreme Court of Alabama · 1893
  3. Phillips v. PhillipsSupreme Court of Alabama · 1930
  4. Mims v. MimsSupreme Court of Alabama · 1858
  5. Mellen v. MellenNew York Supreme Court · 1882

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