Hughes v. Hughes
Supreme Court of Alabama
ERROR to tbe Chancery Court of Montgomery. Tried before the Hon. J. W. Lesesne. 1. The proof shows that the defendant is guilty of cruelty in a legal sense, both in threats and kicking his wife. — Moyler v. Moyler, 11 Ala. 620 ; Otway v. Otway, 1 Eng. EecL R. 200 Hulme v. Hulme, 2 ib. 208-9; D’Aquilar v. D’Aquilar, 8 ib. 329; Shelford on Marriage and Divorce, (marg. p.), 425,43& & 430. 2. One act of cruelty is sufficient. — Popkin v. Popkin, 3 Engv Eccl.
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ERROR to tbe Chancery Court of Montgomery. Tried before the Hon. J. W. Lesesne. 1. The proof shows that the defendant is guilty of cruelty in a legal sense, both in threats and kicking his wife. — Moyler v. Moyler, 11 Ala. 620 ; Otway v. Otway, 1 Eng. EecL R. 200 Hulme v. Hulme, 2 ib. 208-9; D’Aquilar v. D’Aquilar, 8 ib. 329; Shelford on Marriage and Divorce, (marg. p.), 425,43& & 430. 2. One act of cruelty is sufficient. — Popkin v. Popkin, 3 Engv Eccl. R. 325 and notes. 3. Condonation will not &pply in this case. — Worsley v. Worsley, 6 Eng. Eccl. R. 249; condonation is not held as strictly…
1Opinion of the CourtChilton, J.
This ivas a bill filed by the plaintiff in error against the defendant for divorce a vinculo matrimonii, upon the alleged ground of cruel, barbarous and inhuman treatment, consisting of profane and abusive language, charging her with a want of chastity, threatening to inflict upon her personal violence, and to destroy her life, and in attempts to injure her person, which she avoided by escaping from him, and secreting herself; whereby her life has been endangered, and she kept in continual fear, &c. The bill also charges habits of intoxication lipón the defendant, and that he has cruelly…
2Cases cited2 opinions
- Hill v. HillSupreme Court of Alabama · 1846
- Moyler v. MoylerSupreme Court of Alabama · 1847
3Cited by9 opinions
- Turner v. TurnerSupreme Court of Alabama · 1870
- Beebe v. BeebeSupreme Court of Iowa · 1859
- Goodrich v. GoodrichSupreme Court of Alabama · 1870
- Harris v. HarrisSupreme Court of Alabama · 1935
- George v. GeorgeSupreme Court of Alabama · 1951
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