Legal Opinion

Hudson v. Hudson

Supreme Court of Alabama

Decided February 5, 1920No. 7 Div. 40PublishedCited by 18 opinions

Appeal from Circuit Court, Clay County; Hugh D. Merrill, Judge. Bill for divorce by Mary I. Hudson against W. K. Hudson. Decree for complainant, and respondent appeals. Where cruelty is alleged as a ground for divorce, the bill should state with certainty time and place. 19 Ala. 307 ; 23 Ála. 785; 44 Ala. 435. It should also be specific in allegation of violence attended with danger. 39 South. 679. It should also state the state and county where the separation occurred.

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Appeal from Circuit Court, Clay County; Hugh D. Merrill, Judge. Bill for divorce by Mary I. Hudson against W. K. Hudson. Decree for complainant, and respondent appeals. Where cruelty is alleged as a ground for divorce, the bill should state with certainty time and place. 19 Ala. 307 ; 23 Ála. 785; 44 Ala. 435. It should also be specific in allegation of violence attended with danger. 39 South. 679. It should also state the state and county where the separation occurred. Section ■ 3801, Code 1907. A decree on demurrers should not be granted in vacation,, without giving the adverse party ten…

1Opinion of the CourtSomerville, J.

[1,2] A bill for divorce on the ground of cruelty, which charges that, about two years before its filing, the respondent cursed and abused the complainant with profane words, struck her a severe blow on the head with a chair; that ho frequently beat her with his hands, choked her, and threatened to kill her; that after-wards (in 1918) he again struck and choked her; that such violence was attended with danger to complainant’s life or health, of which she had reasonable apprehensions if she continued to live with him; and that therefore “on or about the - day of 1918, she ceased to live with…

2Cases cited2 opinions

  1. Carson v. SleighSupreme Court of Alabama · 1917
  2. Thomas v. DavisSupreme Court of Alabama · 1916

3Cited by18 opinions

  1. Oden v. KingSupreme Court of Alabama · 1927
  2. Wood v. EstesSupreme Court of Alabama · 1932
  3. Birmingham Trust & Savings Co. v. SheltonSupreme Court of Alabama · 1935
  4. West v. State Ex Rel. MatthewsSupreme Court of Alabama · 1937
  5. George v. GeorgeSupreme Court of Alabama · 1951

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