Whitman v. Whitman

The original bill disclaims any desire for a divorce and only seeks a separate support and maintenance for the complainant and her children. It has been repeatedly held by this court, commencing with Glover v. Glover, 16 Ala. 440, and continuing through a line of decisions, including the case of Ex parte Allan, 220 Ala. 482, 125 So. 612, that a court of equity has the inherent power to award the wife a separate maintenance or allowance out of the estate of the husband, even when no divorce is sought, but such relief will only be awarded when the pleading and proof shall make out a case…