Legal Opinion

Moyler v. Moyler

Supreme Court of Alabama

Decided January 15, 1847PublishedCited by 10 opinions

Error to the Chancery Court sitting at Limestone. The bill was filed by the plaintiff in error, for a divorce a vinculo, upon the ground of cruel, barbarous, and inhuman treatment on the part of the husband,- this the bill charges in general terms to have commenced soon after the marriage, and to have been continued until the separation.

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Error to the Chancery Court sitting at Limestone. The bill was filed by the plaintiff in error, for a divorce a vinculo, upon the ground of cruel, barbarous, and inhuman treatment on the part of the husband,- this the bill charges in general terms to have commenced soon after the marriage, and to have been continued until the separation. The bill also specifies the following instance of cruelty: that on one occasion, at night, after they had retired to bed, he pulled her out of bed, in a rude and angry manner, and at the same time threw a bucket of water over her, threatening to take her…

1Opinion of the CourtOrmond, J.

The statute of this State, enumerates specifically the causes for which divorces may be granted, and amongst others, where the husband’s treatment of his wife is “ cruel, barbarous and inhuman.” This bill is filed for a divorce for this cause. It has not hitherto been determined by this court, what acts or conduct on the part of the husband, will entitle the wife to a divorce for this cause, and as it is directly presented upon the record, and necessary to be decided, we will first' proceed to the consideration of that question.

It is the policy of that country from which we derive our laws,…

2Cited by10 opinions

  1. Turner v. TurnerSupreme Court of Alabama · 1870
  2. King v. KingSupreme Court of Alabama · 1856
  3. Goodrich v. GoodrichSupreme Court of Alabama · 1870
  4. Hughes v. HughesSupreme Court of Alabama · 1851
  5. Fulgham v. StateSupreme Court of Alabama · 1871

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