Wood v. Wood
Supreme Court of Alabama
Appeal from the Chancery Court of Iienry. Heard before Hon. Jno. A. Poster. The bill in this cause was filed by the appellant, a married woman, by next friend, against her husband, the appellee, on 18th March, 1885, and sought a divorce a vinculo matrimonii. The case made by its allegations is sufficiently disclosed by the opinion.
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Appeal from the Chancery Court of Iienry. Heard before Hon. Jno. A. Poster. The bill in this cause was filed by the appellant, a married woman, by next friend, against her husband, the appellee, on 18th March, 1885, and sought a divorce a vinculo matrimonii. The case made by its allegations is sufficiently disclosed by the opinion. The respondent demurred to the bill: “(1) Because said bill fails to aver or set forth any actual violence committed by respondent on complainant’s person, attended with danger to life or health; ” “ (2) Said bill fails to aver or set forth such circumstances or…
1Opinion of the CourtClopton, J.
So long as the statute was in force, which made the cruel, barbarous and inhuman treatment of the husband a ground of divorce in favor of the wife, the question of the kind and degree of cruelty was open for adjudication by the courts; and included the scope of the ingenuity of an unmanly, heartless and tyrannical man to devise plans to harass and torture a refined and sensitive woman, as endangering to life or health, though it may be more lingering in its operation, . as personal violence. The present statute, under which this bill is brought, undertakes to define the kind and degree of…
2Cases cited3 opinions
- Smedley v. SmedleySupreme Court of Alabama · 1857
- Goodrich v. GoodrichSupreme Court of Alabama · 1870
- Folmar v. FolmarSupreme Court of Alabama · 1881
3Cited by10 opinions
- Tillery v. TillerySupreme Court of Alabama · 1927
- Calhoun v. CalhounSupreme Court of Alabama · 1965
- Harris v. HarrisSupreme Court of Alabama · 1935
- George v. GeorgeSupreme Court of Alabama · 1951
- Sams v. SamsSupreme Court of Alabama · 1942
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