Quarles v. Quarles
Supreme Court of Alabama
ERROR to the Chancery Court of Wilcox. Tried before the Hon. J. W. Lesesne. This was a bill filed by the wife against her husband, alleg • ing cruelty, abandonment and adultery on his part, and praying a divorce a vinculo matrimonii. The bill alleged that a short, time before it was filed, complainant had offered to return to her husband’s house, and that her offer had been rejected by hint.
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ERROR to the Chancery Court of Wilcox. Tried before the Hon. J. W. Lesesne. This was a bill filed by the wife against her husband, alleg • ing cruelty, abandonment and adultery on his part, and praying a divorce a vinculo matrimonii. The bill alleged that a short, time before it was filed, complainant had offered to return to her husband’s house, and that her offer had been rejected by hint. The chancellor granted the prayer of the bill, ar:d also decreed alimony to the complainant out of her husband’s estate. This hill was filed for divorce a vinculo, upon three grounds, viz: cruelty,…
1Opinion of the CourtChilton, J.
1. It is no valid objection to this bill, that *366several distinct grounds for divorce avúnculo rnatrimonii&XQ embraced in it. The title to the relief prayed is the same whether one or the other of the several alleged grounds be proved. It is well settled that the plaintiff may aver facts-of a different nature, which will equally support his application. — Story’s Eq. Plead. § 254. But if we concede that the causes stated would support a prayer for multifarious relief, still in the case before us, no such relief is prayed, and consequently the objection for multifariousness must be overruled.—1…
2Cases cited2 opinions
- Lovett v. LovettSupreme Court of Alabama · 1847
- Perkins v. PerkinsMassachusetts Supreme Judicial Court · 1809
3Cited by6 opinions
- Jeter v. JeterSupreme Court of Alabama · 1860
- McWilliams v. McWilliamsSupreme Court of Alabama · 1927
- Hill v. HillOregon Supreme Court · 1928
- Reese v. ReeseSupreme Court of Alabama · 1853
- Braun ex rel. Steelsmith v. BraunSupreme Court of Pennsylvania · 1900
1 more not listed; retrieve them via the Exa API.