Legal Opinion

Reed v. Reed

Mississippi Supreme Court

Decided November 15, 1904PublishedCited by 15 opinions

From the chancery court of Tunica county. Hon. Carey O. Moody, Chancellor. The appellee, Amelia Reed, was complainant, and the appellant, Alonzo L. Reed, was defendant in the court below. Bill by Amelia Reed against Alonzo L. Reed for divorce and alimony. Defendant answered the bill under oath, denying the-marriage and alleging that plaintiff at the' time of her marriage to defendant was married to another and had obtained no divorce.

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From the chancery court of Tunica county. Hon. Carey O. Moody, Chancellor. The appellee, Amelia Reed, was complainant, and the appellant, Alonzo L. Reed, was defendant in the court below. Bill by Amelia Reed against Alonzo L. Reed for divorce and alimony. Defendant answered the bill under oath, denying the-marriage and alleging that plaintiff at the' time of her marriage to defendant was married to another and had obtained no divorce. The answer also denied the grounds for divorce alleged in the bill. On an application for alimony pendente lite, defendant' requested that the hearing be…

1Opinion of the CourtWhitfield, C. J.

The learned chancellor seems to have held that under no circumstances could evidence be heard against allowing alimony *128pendente lite. The general rule is, of course, that sucb alimony will be allowed, and the merits not inquired into. But it is equally well settled that where the answer denies there ever, was a marriage, and that averment, clearly, from the showing made, appears to be true, no alimony pendente lite should be allowed; and this'for the reason, as stated in McFarland v. McFarland, 64 Miss., 449 (1 South., 508), that marriage is the very foundation of the wife’s right to support.…

2Cases cited1 opinion

  1. McFarland v. McFarlandMississippi Supreme Court · 1886

3Cited by15 opinions

  1. Sims v. SimsMississippi Supreme Court · 1920
  2. Chrismond v. ChrismondMississippi Supreme Court · 1951
  3. Rees v. ReesMississippi Supreme Court · 1940
  4. Ex parte JonesSupreme Court of Alabama · 1911
  5. Craft v. CraftMississippi Supreme Court · 1985

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