Smith v. Smith
Supreme Court of Alabama
Appeal from Chancery Court of Randolph. Heard before Hon. S. K. McSpadden. All the facts of the ease will be found in the opinion. cited 16 Ala. 52 ; 18 Ala. 68 ; 2 Ala. 521; 12 Peters, 492. 1. The court had the power, on application, upon, any material change in the circumstances of Ihe parties, to increase or reduce the allotment of alimony, whether temporary or permanent. — Bishop on Marriage and Divorce, § 593; Miller v. Miller, 6 Johns. 91. 2. In this case, the divorce…
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Appeal from Chancery Court of Randolph. Heard before Hon. S. K. McSpadden. All the facts of the ease will be found in the opinion. cited 16 Ala. 52 ; 18 Ala. 68 ; 2 Ala. 521; 12 Peters, 492. 1. The court had the power, on application, upon, any material change in the circumstances of Ihe parties, to increase or reduce the allotment of alimony, whether temporary or permanent. — Bishop on Marriage and Divorce, § 593; Miller v. Miller, 6 Johns. 91. 2. In this case, the divorce was in favor of the husband for the misconduct of the wife — adultery; the allowance, by tbe Code, (§ 2366,) is to be…
1Opinion of the CourtPetees, J.
The appellee, Jeremiah Smith, some time in 1856 was divorced from his wife, Margaret E. Smith, the appellant, by decree of' the chancery court of Eandolph county, in this State, upon the ground of adultery on the part of the wife. After this decree was rendered, Mrs. Smith filed her bill in the same court to open and set aside *266the decree above said against her, for fraud. The latter bill was dismissed by the chancellor in 1859, so far as it sought to open, set aside, or reverse the decree of divorce first above said; but at the same time, the court rendered a decree in favor of Mrs. Smith…
2Cases cited5 opinions
- Mervine v. ParkerSupreme Court of Alabama · 1850
- Kinsey v. KinseySupreme Court of Alabama · 1861
- Cole v. ConollySupreme Court of Alabama · 1849
- Gibson v. WilsonSupreme Court of Alabama · 1850
- Rowland v. LoganSupreme Court of Alabama · 1847
3Cited by24 opinions
- Cunningham v. CunninghamTexas Supreme Court · 1931
- Hager v. HagerSupreme Court of Alabama · 1974
- Epps v. EppsSupreme Court of Alabama · 1929
- Ruge v. RugeWashington Supreme Court · 1917
- Rochelle v. RochelleSupreme Court of Alabama · 1938
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