Anonymous
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. John A. Foster. The bill in this case was filed by the wife, and sought a divorce, on the ground that the abnormal size of her husband’s private parts prevented the consummation of the act of sexual intercourse between them.
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Appeal from the Chancery Court of Butler. Heard before the Hon. John A. Foster. The bill in this case was filed by the wife, and sought a divorce, on the ground that the abnormal size of her husband’s private parts prevented the consummation of the act of sexual intercourse between them. The parties were married on the 8th July, 1888, and the bill was filed on the 26th September, 1888. The chancellor overruled a demurrer to the bill for want of equity, and his decree is here assigned.as error.
1Opinion of the CourtStone, C. J.
The averments of the bill in this case are too offensive to modesty to allow their publication in our reports. But, as said by Lord Stowell in Briggs v. Morgan, 3 Phill. 325 — 1 Eccles. Rep. 408 — “Courts of law are not invested with the powers of selection. They must take the law as it is imposed on them. Courts of the highest jurisdiction must often go into cases of the most odious nature, where the proceeding is only for the punishment of the offender. Here, the claim is for a remedy, and the court can not refuse to entertain it on any fastidious notions of its own.”
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2Cited by14 opinions
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- State v. DammSouth Dakota Supreme Court · 1936
- Wilson v. WilsonSuperior Court of Pennsylvania · 1936
- Esco v. StateSupreme Court of Alabama · 1965
- Heller v. HellerSupreme Court of New Jersey · 1934
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