Kinsey v. Kinsey
Supreme Court of Alabama
'Appeal from the Chancery Court of Chambers. 'Heard before the Hon. James B. Clare. The bill in this case was filed, on the' 21st of October, 1859, by Mrs. Mary Kinsey, suing by her next friend, , against her husband, Jesse Kinsey ; and sought a decree • for permanent alimony, on the ground of abandonment. .It alleged, that the parties were married, in this State, on ■-the 9th March, 1856, and lived together, as husband and wife, until a short time ' before ‘«the filing.-of…
Read the full summary
'Appeal from the Chancery Court of Chambers. 'Heard before the Hon. James B. Clare. The bill in this case was filed, on the' 21st of October, 1859, by Mrs. Mary Kinsey, suing by her next friend, , against her husband, Jesse Kinsey ; and sought a decree • for permanent alimony, on the ground of abandonment. .It alleged, that the parties were married, in this State, on ■-the 9th March, 1856, and lived together, as husband and wife, until a short time ' before ‘«the filing.-of the bill ; that ■ the defendant, .during the year immediately preceding the filing of the bill, bad treated the…
1Opinion of the CourtR. W. Walker, J.
1. Repeated decisions-have established it as the law of this State, (and the rule is applicable as well to cases which have arisen since, as to those-whifch occurred before the adoption of the Code.) that where a husband abandons bis wife, without just cause; and casts her upon society, destitute of the means of subsistence, a court of chancery, as an original ground of equity, will entertain a bill filed against-him for alimony. Glover v. Glover, 16 Ala. 440 ; Wray v. Wray, 33 Ala. 187; Mims v. Mims, ib. 98. See, also, Prince v. Prince, 1 Rich. Eq. 282, 287 ; Butler v. Butler, 4 Littell,…
2Cases cited9 opinions
- Kirkman v. VanlierSupreme Court of Alabama · 1844
- Glover v. GloverSupreme Court of Alabama · 1849
- Butler v. ButlerCourt of Appeals of Kentucky · 1823
- Alexander v. AlexanderSupreme Court of Alabama · 1845
- Wray v. WraySupreme Court of Alabama · 1858
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Teague v. CorbittSupreme Court of Alabama · 1877
- Andrews v. FriersonSupreme Court of Alabama · 1905
- Jones v. JonesSupreme Court of Alabama · 1891
- Pollard v. American Freehold Land Mortgage Co. of LondonSupreme Court of Alabama · 1903
12 more not listed; retrieve them via the Exa API.