McMahon v. McMahon
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Sapfold Berney. A bill for divorce by Grace St. John McMahon against William Otis McMahon. Prom a decree for complainant respondent appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Sapfold Berney. A bill for divorce by Grace St. John McMahon against William Otis McMahon. Prom a decree for complainant respondent appeals. The allegations as to habitual drunkenness and as to cruelty were too general, and were mere conclusions, and this rendered the bill subject to the demurrer interposed. — 14 Cyc. 700; Batchelder v. Batchelder, 14 N. H. 380. A pleader is under no duty to deny mere legal conclusion. In fact, it is not proper to do so. — Bloss-8. B. & I. Go. v. Smith, 52 So. 42; Walton v. Walton, 34 Kan. 195. The…
1Opinion of the CourtAnderson, J.
Paragraph 6 of section 3793, which said section enumerates certain grounds for divorce, says: “For becoming addicted after marriage to habitual drunkenness.” This section does not, of course, mean that if ,a party becomes addicted to the habit after marriage, but overcomes same for a reasonable period before any steps were taken for a divorce, and no steps were taken to get a divorce until after the habit had been overcome, the once existence of the habit, which did not continue to exist at or near the time of filing of the bill, would be a ground for divorce. Here the parties were married 23…
2Cases cited5 opinions
- Smedley v. SmedleySupreme Court of Alabama · 1857
- Beall & Coston v. Lehman Durr Co.Supreme Court of Alabama · 1895
- Dolan v. StateIndiana Supreme Court · 1890
- Gourlay v. GourlaySupreme Court of Rhode Island · 1890
- Reese v. ReeseSupreme Court of Alabama · 1853
3Cited by22 opinions
- Davis v. AndersonSupreme Court of Alabama · 1929
- Meares v. MearesSupreme Court of Alabama · 1952
- Simonds v. SimondsSupreme Court of South Carolina · 1956
- Birmingham Trust & Savings Co. v. CannonSupreme Court of Alabama · 1920
- Russell v. RussellSupreme Court of Alabama · 1945
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