Legal Opinion

Falley v. Falley

Supreme Court of Alabama

Decided December 14, 1909PublishedCited by 14 opinions

Appeal from Crenshaw Chancery Court. Heard before Hon. L. D. Gardner. Action by Susan Falley against Jeff: Falley, for divorce and praying the custody of the children. There was a decree pro confesso entered and t-lie cause was submitted to the chancellor in vacation under the circumstances set out in the opinion. Judgment for complainant granting the prayer of the bill, and respondent appeals.

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Appeal from Crenshaw Chancery Court. Heard before Hon. L. D. Gardner. Action by Susan Falley against Jeff: Falley, for divorce and praying the custody of the children. There was a decree pro confesso entered and t-lie cause was submitted to the chancellor in vacation under the circumstances set out in the opinion. Judgment for complainant granting the prayer of the bill, and respondent appeals. Section 8164, Code 1907, confers upon chancellors new and unlimited power which depends upon the existence of certain facts and they must affirmatively appear of record. — Good-water W. H. Go. v.…

1Opinion of the CourtMcCLELLAN, J.

The decree appealed from granted appellee a divorce, and, as prayed in her bill, she was given the custody of the children of the union. The respondent made no defense to the bill, and decree pro confesso appears to have been regularly entered against *628him. Subsequent to the entry of this decree the solicitors of record for the complainant posted a letter addressed to the register, and it was promptly received by him, noting the inclosure therewith of the testimony taken in support of the averments of the bill, and also requesting him to make out a note of the testimony in the cause. The…

2Cases cited3 opinions

  1. AnonymousSupreme Court of Alabama · 1876
  2. Phillips, Goldsby & Blevins v. Beene's Adm'rSupreme Court of Alabama · 1862
  3. Hansford v. HansfordSupreme Court of Alabama · 1846

3Cited by14 opinions

  1. Mt. Vernon-Woodberry Mills v. Union Springs Guano Co.Supreme Court of Alabama · 1934
  2. Covington Bros. Motor Co. v. RobinsonSupreme Court of Alabama · 1940
  3. Home Ins. Co. v. ShrinerSupreme Court of Alabama · 1937
  4. Phillips v. ReavesSupreme Court of Alabama · 1935
  5. Ex Parte CunninghamAlabama Court of Appeals · 1924

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