Ribet v. Ribet
Supreme Court of Alabama
Appeal from tbe Chancery Court at Mobile. Heard before the Hon. N. W. Cocke. The original bill in this case was filed, on the 26th June, 1862, by Mrs. Elizabeth Bibet, suing by her next friend, and sought a divorce Bom her husband, Etienne J. Bibet, on the ground of cruelty; and on the 2d July, 1862, an original bill was filed by the husband, ashing a divorce from the wife on the ground of adultery.
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Appeal from tbe Chancery Court at Mobile. Heard before the Hon. N. W. Cocke. The original bill in this case was filed, on the 26th June, 1862, by Mrs. Elizabeth Bibet, suing by her next friend, and sought a divorce Bom her husband, Etienne J. Bibet, on the ground of cruelty; and on the 2d July, 1862, an original bill was filed by the husband, ashing a divorce from the wife on the ground of adultery. The two causes were brought to a hearing together, on pleadings and proof, when the chancellor dismissed both bills, holding that neither party was entitled to a divorce. Each party appeals from…
1Opinion of the CourtPhelan, J.
These cases stand so connected with each other that they can most properly be considered together. Mrs. Bibet, the wife, proceeds for a divorce from .the bonds of marriage, on the ground of cruelty by her husband; and Mr. Bibet, the husband, in his bill proceeds upon the *349ground of adultery by tbe wife. The proof, we think, establishes the main allegations of the bill in both cases, and, if the matter rested there, would justify a decree in favor of each against the other.
But the courts are required always to bear in mind, that these matrimonial suits are of a triangular character. Besides the…
2Cases cited2 opinions
- Smith v. SmithNew York Court of Chancery · 1834
- Farmers & Mechanics Bank v. NelsonCourt of Appeals of Maryland · 1858
3Cited by29 opinions
- Chavez v. ChavezNew Mexico Supreme Court · 1935
- Butler v. ButlerSupreme Court of Alabama · 1950
- Duberstein v. DubersteinIllinois Supreme Court · 1897
- Mason v. MasonSupreme Court of Alabama · 1964
- McClanahan v. McClanahanTennessee Supreme Court · 1900
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