Farmer v. Farmer
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill 'in this case was filed on the 20th September, 1887, by Mrs. Regina Parmer, asking a divorce from her husband, John Farmer, on the grounds of cruelty and habitual drunkenness. The defendant answered the bill, denying its material charges, and alleging adultery on the part of the complainant.
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Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill 'in this case was filed on the 20th September, 1887, by Mrs. Regina Parmer, asking a divorce from her husband, John Farmer, on the grounds of cruelty and habitual drunkenness. The defendant answered the bill, denying its material charges, and alleging adultery on the part of the complainant. On final hearing, on pleadings and proof, the court rendered a decree for the complainant; and this decree is here assigned as error, with the refusal to suppress the depositions of several witnesses taken at…
1Opinion of the CourtStone, C. J.
Rule 62 of Chancery Practice is the same'in each of the Codes of 1876 and 1886. It requires that, in chancery cases, “when a party files interrogatories to examine a witness or witnesses, he shall give the name *323or names of tbe witnesses, and place or places of their residence, or make affidavit that the same is unknown; and on failure to do so, no commission shall issue, nor proceedings be had on said interrogatories, except by consent of the opposite party, or his solicitor.”
Complainant filed separate interrogatories to five witnesses, but gave no notice of the residence of either, nor did…
2Cases cited1 opinion
- Aicardi v. Strang, Murray & Co.Supreme Court of Alabama · 1862
3Cited by12 opinions
- Phinizy v. PhinizySupreme Court of Georgia · 1922
- Parker v. NewmanSupreme Court of Alabama · 1917
- Linderman v. LindermanCourt of Civil Appeals of Alabama · 1973
- Tillery v. TillerySupreme Court of Alabama · 1927
- Harris v. HarrisSupreme Court of Alabama · 1935
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