Norris v. Norris
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before the Hon. James B. Claek. This bill was filed by Mrs. Margaret F. Norris, suing by her next friend, James M. Lenoir, against her husband, James R. Norris; praying for a divorce a vinculo matrimonii, alimony out of her husband’s estate, and an injunction to prevent the removal of his property out of the jurisdiction of the court.
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Appeal from the Chancery Court of Dallas. Heard before the Hon. James B. Claek. This bill was filed by Mrs. Margaret F. Norris, suing by her next friend, James M. Lenoir, against her husband, James R. Norris; praying for a divorce a vinculo matrimonii, alimony out of her husband’s estate, and an injunction to prevent the removal of his property out of the jurisdiction of the court. The prayer for an injunction is predicated on the following allegation in the bill: “And your oratrix further shows, that she has just cause to fear, and in fact does fear, that the said James R. Norris, upon the…
1Opinion of the CourtGoldthwaite, J.
Whenever the facts alleged in the bill are not sufficient to warrant the interference of the court by injunction, the injunction may properly be dissolved for want of equity, so far as it is concerned, although it may be necessary to retain the bill with a view to other relief. Chesapeake & Ohio Canal Co. v. Baltimore & Ohio Railroad Co., 4 Gill & John. J. This is the case here. The allegations of the bill as to the matters which, if proved, would be a good cause for a divorce, are not of themselves a sufficient ground for an injunction to prevent the defendant from removing or disposing of…
2Cited by5 opinions
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