Edwards v. Edwards
Supreme Court of Alabama
Appeal from the Choctaw Chancery Court. Heard before the Hon. JonN A. Foster. The hill in this case was filed on 5th April, 1884, by the appellant, a married woman, by next friend, against her husband, the appellee, and sought a divorce a vinculo matrimonii, upon the grounds of his alleged intemperance, failure to properly maintain appellant, and cruelty and harsh usage — specific acts of which are averred in the bill.
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Appeal from the Choctaw Chancery Court. Heard before the Hon. JonN A. Foster. The hill in this case was filed on 5th April, 1884, by the appellant, a married woman, by next friend, against her husband, the appellee, and sought a divorce a vinculo matrimonii, upon the grounds of his alleged intemperance, failure to properly maintain appellant, and cruelty and harsh usage — specific acts of which are averred in the bill. The complainant also prayed that the custody of the three children, the issue of the marriage, be confided to her; and, by petition subsequently filed, prayed that a reasonable…
1Opinion of the CourtStone, C. J.
— We have carefully examined the voluminous testimony found in this record, and we are not able to affirm there is a “decided preponderance” against the conclusion reached by the chancellor. — Nooe v. Garner, 70 Ala. 443. The clearly established facts show a sad case of family alienation *99and discord, but much of the blame is chargeable to the complainant. — David v. David, 27 Ala. 222. The chancellor did not err in refusing to grant the divorce prayed for.
The question of alimony rests on different principles. “Pending a suit for divorce the court must make an allowance for the support of the…
2Cases cited7 opinions
- Jeter v. JeterSupreme Court of Alabama · 1860
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- Ex parte SmithSupreme Court of Alabama · 1859
- King v. KingSupreme Court of Alabama · 1856
- Ex parte KingSupreme Court of Alabama · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Brady v. BradySupreme Court of Alabama · 1905
- Sims v. AhrensSupreme Court of Arkansas · 1925
- Brindley v. BrindleySupreme Court of Alabama · 1898
- Coleman v. ColemanSupreme Court of Alabama · 1916
- Sharp v. SharpSupreme Court of Alabama · 1935
6 more not listed; retrieve them via the Exa API.