Legal Opinion

Hinds v. Hinds

Supreme Court of Alabama

Decided December 15, 1885PublishedCited by 37 opinions

Appeal from the Chancery Court of Calhoun. Heard before Hon. N. S. Graham. The original bill in this case was exhibited, on 6th January, 1885, by Adaline A. Hinds, by next friend, against her husband, Daniel Hinds, charging his desertion and abandonment of complainant without making any provision for her maintenance, and praying that reasonable alimony be decreed her out of his estate.

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Appeal from the Chancery Court of Calhoun. Heard before Hon. N. S. Graham. The original bill in this case was exhibited, on 6th January, 1885, by Adaline A. Hinds, by next friend, against her husband, Daniel Hinds, charging his desertion and abandonment of complainant without making any provision for her maintenance, and praying that reasonable alimony be decreed her out of his estate. The bill was subsequently amended so as to make parties defendant thereto, Mrs. W. F. Hanna and Mrs. Ephraim Allen, children of respondent, to whom he had, as alleged, fraudulently transferred substantially all…

1Opinion of the CourtSomerville, J.

The first question raised by the demurrer to the complainant’s bill is, whether courts of equity in this State possess jurisdiction to grant alimony, in the nature of maintenance, to a wife, unconnected with any proceedings for divorce. The bill alleges that the defendant abandoned the complainant, without any just excuse, and refused to live with her, or to make any provision for her support and maintenance. The prayer is for alimony, without seeking a divorce.

This question was fully discussed by this court in the case of Glover v. Glover, 16 Ala. 440, where, after an elaborate review of the…

2Cases cited10 opinions

  1. Galland v. GallandCalifornia Supreme Court · 1869
  2. Lehman v. MeyerSupreme Court of Alabama · 1880
  3. Graves v. GravesSupreme Court of Iowa · 1873
  4. Glover v. GloverSupreme Court of Alabama · 1849
  5. Garland v. GarlandMississippi Supreme Court · 1874

5 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Pennington v. Fourth National Bank of CincinnatiSupreme Court of the United States · 1917
  2. Murray v. MurrayCalifornia Supreme Court · 1896
  3. Brady v. BradySupreme Court of Alabama · 1905
  4. Ex Parte JacksonSupreme Court of Alabama · 1925
  5. Murray v. MurraySupreme Court of Alabama · 1887

32 more not listed; retrieve them via the Exa API.

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