Legal Opinion

Bryan v. Bryan

Supreme Court of Alabama

Decided June 15, 1859PublishedCited by 32 opinions

Appeal from the Chancery Court at Claiborne. Heard before the Hon. Wade Keyes. The petition in this ease was filed by Mrs. Erancis L. Bryan, the wife of Leonidas L. Bryan, and sought to remove their children from the custody and control of her husband. The opinion of the court contains a sufficient statement of the facts.

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Appeal from the Chancery Court at Claiborne. Heard before the Hon. Wade Keyes. The petition in this ease was filed by Mrs. Erancis L. Bryan, the wife of Leonidas L. Bryan, and sought to remove their children from the custody and control of her husband. The opinion of the court contains a sufficient statement of the facts. On final hearing, on petition, answer and proof, the chancellor dismissed the petition, at the costs of the co^nplainant’s next friend; and his decree is here assigned as' error.

1Opinion of the CourtA. J. Walker, C. J.

A married woman, separated from her husband, seeks to exclude the latter from the custody of the two children of the marriage; one a girl, now four years and nine or ten months old, and the other a boy, now about two years and ten months old. The allegations of the petition are, that the husband is intemperate, is wasting his own and his wife’s estate, has beaten his wife and the older child, threatened farther abuse of bis wife, admitted adulterous intercourse with one or more women, used profane language in the presence of his wife and children, and, in fits of intoxication, broken his…

2Cases cited4 opinions

  1. Mercein v. People ex rel. BarryNew York Supreme Court · 1840
  2. Cornelius v. CorneliusSupreme Court of Alabama · 1858
  3. Ex parte BoazSupreme Court of Alabama · 1858
  4. People ex rel. Rhoades v. HumphreysNew York Supreme Court · 1857

3Cited by32 opinions

  1. Ex Parte DevineSupreme Court of Alabama · 1981
  2. In Matter of BadgerSupreme Court of Missouri · 1920
  3. Taylor v. TaylorSupreme Court of Alabama · 1948
  4. Burns v. ShapleyAlabama Court of Appeals · 1917
  5. Jones v. JonesSupreme Court of Alabama · 1891

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