Webb v. Webb
Supreme Court of Alabama
Appeal from the City Court of Birmingham. ■ Tried before the Hon. W. W. Wilkerson. Albert E. Webb, the appellee, filed in the court below his bill for divorce from his wife, Mattie Webb, the appellant, on account of abandonment. The defendant filed answer denying the grounds set up for divorce, and averred she ivas driven from home by no fault of hers, but by her husband’s cruel and inhuman treatment.
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Appeal from the City Court of Birmingham. ■ Tried before the Hon. W. W. Wilkerson. Albert E. Webb, the appellee, filed in the court below his bill for divorce from his wife, Mattie Webb, the appellant, on account of abandonment. The defendant filed answer denying the grounds set up for divorce, and averred she ivas driven from home by no fault of hers, but by her husband’s cruel and inhuman treatment. She filed her petition in the cause praying that the plaintiff be required to pay to her a reasonable sum for her support and maintenance during the pendency of the suit for divorce, and for…
1Opinion of the CourtHaralson, J.
The only question presented for review is, whether the court erred in refusing to commit the complainant for contempt for his failure to pay alimony to his wife, pending his suit against her for a divorce which, by the proper decree of the court, he had been ordered to pay.
It is not questioned, that the court, pending the suit for divorce, had the right, and it was its duty to exercise it, to “make an allowance for the support of the wife out of the estate of the husband.”—Code, § 1495; Brindley v. Brindley, 121 Ala. 429.
*266A common method of enforcing orders ox4 decrees for alimony is by…
2Cases cited3 opinions
- Carlton v. CarltonSupreme Court of Georgia · 1871
- Brindley v. BrindleySupreme Court of Alabama · 1898
- Steller v. StellerMichigan Supreme Court · 1872
3Cited by20 opinions
- Robertson v. StateAlabama Court of Appeals · 1924
- Ryan v. RyanSupreme Court of Alabama · 1958
- Fowler v. FowlerSupreme Court of Oklahoma · 1916
- Going v. GoingTennessee Supreme Court · 1923
- State ex rel. Ewing v. MorrisWashington Supreme Court · 1922
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